What do you think? - Contractor Talk - Professional Construction and Remodeling Forum

Humble Abode · 08-04-2005, 08:29 AM

I got this idea yesterday when a babysitter refused to move her car out of the driveway of the house we are painting. Once I dropped a palm sander onto the hood of a carpenters van who was parked in the driveway right under where we were working (my partners still make fun of me for it...). He knew damn well he shouldn't have parked near where we were working, and said as much, cost us $175 anyway.

I could use some help with the wording, I want it to sound like a lawyer wrote it. And if any of you have similar waivers I am sure we would all benifit from seeing them.

Moved to Forms thread.

**slickshift** · 08-04-2005, 09:04 AM

Quote:

Originally Posted by Humble Abode

What do you think?

I think the babysitter's a moron
The contractor asked to to move her vehicle so it won't get damaged or it was a safety problem and she refused?
Damn...where's that throwshandsintheair smiley when you need one

I'm think the "...damage to your vehicle/vehicles please park them ..."
Should be more like "....damage to any vehicles that may use the property, they must be parked..."

I know it's more forceful, but i think it'll be more effective
It also includes the vehicles which would be considered '"not my vehicles" by the signer, like the babysitter, the 18 year old son, the lawn girl, stuff like that
The way it's worded now the babysitters car is not the H/Os vehicle, and would not be covered by the waiver

Humble Abode · 08-04-2005, 09:18 AM

Quote:

Originally Posted by slickshift

The way it's worded now the babysitters car is not the H/Os vehicle, and would not be covered by the waiver

Your right I need to change "customer owner/agent" to vehicle owner.

Quote:

Originally Posted by slickshift

I'm think the "...damage to your vehicle/vehicles please park them ..."
Should be more like "....damage to any vehicles that may use the property, they must be parked..."

Yea I need forceful, I don't want it to be a suggestion I want their damn cars out of the driveway.

Thanks slick.

Mike Finley · 08-04-2005, 09:36 AM

Job Site

Due to unschedeuled deliveries, unloading of tools and materials and saftey concerns, job site must be made free from obstructions caused by homeowners vehicles during jobsite open hours. Contractors and associated trades are held harmless from any damage to homeowners vehicles left on the job site.

(Translation - move your cars out of the driveway)

Grumpy · 08-04-2005, 11:32 AM

I didn't read yours but: How about this, scribbled on a piece of paper while the baby sitter is standing right there.

I (Baby Sitter's Name) acknowledge that I have been requested by (Contractor's Name) to remove my vehicle, license plate number XXX XXX, from the work area. I acknowledge that (Contractor's Name) has informed me that if I do not remove my vehicle the potential of damage may occur. I accept the responsibility for any and all damage to my vehicle caused by (Contractor's Name) and I agree that I, (Baby Sitter's Name) hold all liability.

If she refuses to sign you call the customer and tell the customer if she doesn't move her car you will have to leave for the day and charge them a day's mobilization fees.

Humble Abode · 08-04-2005, 01:19 PM

I updated the above attachment. Thanks for the suggestions guys.

The point, obviously, is to not have to ever get one of these signed. Just showing it to the owner of the car should get them to wake up and move their car.

Humble Abode · 08-04-2005, 01:20 PM

Quote:

Originally Posted by Mike Finley

Job Site

Due to unschedeuled deliveries, unloading of tools and materials and saftey concerns, job site must be made free from obstructions caused by homeowners vehicles during jobsite open hours. Contractors and associated trades are held harmless from any damage to homeowners vehicles left on the job site.

(Translation - move your cars out of the driveway)

We have a simalar clause in our client agreement but it doesn't extend to babysitters, contractors, cable guys etc.

Mike Finley · 08-04-2005, 05:44 PM

Quote:

Originally Posted by Humble Abode

We have a simalar clause in our client agreement but it doesn't extend to babysitters, contractors, cable guys etc.

Never had to deal with a baby sitter issue like that. I think I will modify my contract now. Change "held harmless from any damage to homeowners vehicles left on the job site." to "held harmless from any damage to vehicles on the job site."

jproffer · 08-04-2005, 05:55 PM

This is just off the top of my head, in a hurry, maybe it'll help someone. Humble I just used your form and modified it a little, hope you don't mind.

Longacre · 08-04-2005, 06:29 PM

Im still trying to fathom the level of retardation someone has to suffering to refuse to be bothered to move their car when men are PAINTING above it. Get her to sign that discalimer and "oops" a gallon of semi-gloss all over it....ROFL

*disclaimer* The above statement was of a jocular nature and is in no way intended as a technique to be put into field use. No responsibility, real or implied shall be incurred on my part as Humble lives likely no farther than 30 miles from my residence and I certainly would not relish the wrath of a pissed off painter.

Humble Abode · 08-04-2005, 07:14 PM

Quote:

Originally Posted by jproffer

Humble I just used your form and modified it a little, hope you don't mind.

Not at all thats why I posted it.

Humble Abode · 08-04-2005, 07:14 PM

Quote:

Originally Posted by Longacre

*disclaimer* The above statement was of a jocular nature and is in no way intended as a technique to be put into field use. No responsibility, real or implied shall be incurred on my part as Humble lives likely no farther than 30 miles from my residence and I certainly would not relish the wrath of a pissed off painter.

LOfrigginL!

onhand · 08-04-2005, 07:39 PM

Forget the babysitter cant you just confront the owners and tell them to tell her to move her damn car? Seems like all the waiver you and the guys make up on here are a good idea but I highly doubt she will sign ANYTHING. Tell the owners, and be done with it. :Thumbs:

**slickshift** · 08-05-2005, 07:09 AM

Quote:

Originally Posted by onhand

Forget the babysitter cant you just confront the owners and tell them to tell her to move her damn car? Seems like all the waiver you and the guys make up on here are a good idea but I highly doubt she will sign ANYTHING. Tell the owners, and be done with it. :Thumbs:

The idea is if babysitter sees she has to sign a waiver she'll sign or move her car
Your covered if a gallon of paint or a nail gun lands on her hood

H/O who sign a waiver are more likely to tell the babysitters, dog walkers, and cleaning ladies about the "rule" if they have signed a waiver saying it's thier (H/O's) responsibilty

I run into this all the time and I really don't want to call up the H/O, at work, and say your pool girl parked her van in my way and she won't move it
Can you tell her to move it?

Often they move when asked, but often I hear the dreaded words, "I'm only going to be a minute"
Yeah...that'll happen
Then maybe some monkeys are going to fly out of my anyway it's never less then 45 minutes
It's really annoying and time (=money) consuming

mdshunk · 08-05-2005, 08:51 PM

If I get a "no" or a "I'll only be a minute", I respond with "give me your keys and I'll move it". I've only actually had to personally move a car once. Most of the time they get the hint. I drive a pretty big box truck, so I need some serious space backing into the property most of the time.