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Help with Insurance Wording/Down Payment in Contract for Remodeling

Kevin Doherty
last month

Hello -

There is some language we're not quite getting in our contract for some light kitchen remodeling (cabinets/appliances/backsplash/trim) and wondered if anyone is familiar with "half" liability.

"The Contractor agrees that the Owner shall now be half accountable for, and the Contractor agrees to hold them harmless against, and claims or damages (including incidental cost associated therewith such as attorney fees) resulting from the bodily injury or death and damage or destruction to tangible property, caused by the negligent acts or omissions of the Contractor in the performance of the work by the Contactor."

Is this standard? Is that because it's our house?

It also stipulates a downpayment of 50% on start day, 25% halfway, and 25% on sign off. This is a quick, 2-week job that's around $11K. I've checked these guys out and they've pulled lots of permits for pretty big jobs, have good reviews, a large presence on Instagram where you can see the passion they have for the craft, showed up in a very nice, neat truck with branding, and I couldn't find any BBB complaints, negative reviews, or court appearances. They are providing certificate of insurance. That said, we've been burned in the past and are a little nervous about that after doing research. Would it be out of place for us to ask that the first 50% and 25% be reversed? Should we ask why they require that much?


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