Liability waiver for construction road should be signed

  • Erstellt am 2019-10-14 18:58:59

Tassimat

2019-10-15 10:46:42
  • #1
I wouldn’t sign that either, it can lead to unexpectedly high costs if the basement or the house gets damaged.

Looking at it from another perspective: What constructive safety measures could be implemented to reinforce the ground?? Crane steel plates are one possibility, but they apparently are not sufficient.
 

vaderle

2019-10-30 10:41:23
  • #2
So RC material is used for compaction and steel plates. I believe the steel plates will be sufficient, but no one wanted to bet their life on it here. In the end, you can prepare as well as you want, and something can still happen. I have now spoken with a lawyer and reformulated the letter. I have one general question, though. Who is actually responsible for proving the existence of cracks in the building? Does the homeowner have to prove that the cracks were caused by the work, or does the builder have to prove that the cracks were not caused by the construction work?
 

Joedreck

2019-10-30 10:59:03
  • #3
It is about compensation for damages. This is a private law matter. Here, the party that wishes to assert claims is always responsible.

As an owner, I would, for example, document as much as possible before the planned work. If cracks appear, document them immediately including time and date, and what happened on the street that day.

It will still be annoying. Because if it goes towards a lawsuit, you as the defendant are initially forced to bear your own expenses. For lawyer, expert, etc.

Going into a private lawsuit without a lawyer would be highly negligent.

So even though you would be sued here, I recommend conducting the best possible documentation. Including photos of the basement and similar. If homeowners are opposed, this could be an important argument for you in defending against claims.
 

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