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I have recently been revising my contracts, making better provisions for payments, terms & conditions, liability, etc.

On a paperhanging forum I participate in, this came across recently. I have cut and pasted the original post:


I have been a Residential Commercial Paperhanger since 1978. I went to court
for the first time about a dispute this week. I installed 32 S/R of pre/pasted
vinyl wallcovering (primed with R-35) back in 1999. Seams popped in march of
2003 (not the top layer of paint but the original builders flat from approx 25
years ago) which was the 3rd or 4th underlying layer. Surface at the time of
installation was in exellent shape.

well the paint popped all the down to the bare sheetrock in some areas,
remember this is 4 yrs later. Judge found my Co liable because (1) once i install
the W/C 1 am responceable for any problems that may occur & because the life
span of W/C is approx 10 to 15 yrs i must guarantee W/C for that amount of time
(my (1) year workmanship guarantee was not considered. Apparently in Camden Co
NJ we have no protection for conditions not apperent at time of installation.
Any input welcome


This scares the heck out of me. If this sets a precedent in the WC industry, all paperhangers are at the mercy of junk flat paint builders are using everywhere.

What are your opinions on this?
 

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My advice is to hire an attorney to re-do the contract and the warranty. Our warranty specificly states what we cover and what we do not cover. It idemnifys us from various damages.

The contracts are legal documents so attorneys should write them up. When I started working where I work, my boss said "Our contracts will never stand up in court. They are far too basic." I always, and until this day, ask "Then why do we even bother asking customers to sign them?"
 
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