Liability waiver for construction road should be signed

Hello everyone,

with our great plot of land, the path belongs to us and leads exactly past the neighbors' house (with basement) at the front. The path is 4.5 meters wide and the house stands right next to it because there was a garage there before. Therefore, the 3-meter minimum distance does not apply. For the house construction, a crane must now pass by the house. Crane steel plates will be laid out in the neighbor's house area but nevertheless the construction company sent me a letter with the following content which I am supposed to sign.

The above-named builders release company XY as well as third-party companies commissioned by it for the execution of work from all liability for any property damage caused by driving on the construction road and carrying out crane work on buildings, paths, path pavements, paving, trees, fences, walls as well as supply lines.

Is such a letter normal? If the crane passes by the house and a crack appears in the basement, I would be liable for it. I myself have also taken out builders’ liability insurance and construction all-risk insurance. At present, I do not know in detail whether they would then step in.

I don't think your insurances will cover it, the construction company has its own insurances for such things. Have you already got a contract with them? I would never sign such a piece of paper.

Yes, the contract is signed. The liability waiver was also not part of the construction contract but was separately prepared by the site manager after the inspection. In the end, we are about to start construction. The building permit is here, the electricity is ready, and now the earthworks are supposed to begin. However, only after the signature.

Understandable to me. The risk is absolutely real, cases from real life are known. When 40T roll by, a brick cellar is having a hard time. Without knowing the ground and its suitability, it is a lottery.

Oh man, the same is ahead of us. Also a rear property. The house on the front property has a basement and is about 1m away from the driveway. The BL said that a reinforced construction road definitely has to be made. The front house must/should additionally be informed that something CAN (not necessarily will) happen to the basement walls, e.g. cracks. I'm a bit pessimistic about this right now!

Yes, the contract is signed

Then I would say, that’s their problem, not yours

Of course, it is understandable that the construction company wants to protect themselves, but there are insurance companies for that purpose.

I would not sign a clean bill of health of the above-cited extent. They don’t just want to burden you with the risk of the specific construction situation (driving on the construction road at the neighbor’s house), but also with everything else that can happen when setting up and working with a crane. In case of doubt, it was then the crane, even if the electrician knocks down the garden fence while reversing the van...