Legal Question in Construction Law in California
Contractor agreement/project abandonment
I am a contractor in the midst of a project. I may have to have surgery to repair a debilitating injury before my project is complete. My contract states ''contractor assumes no liability for delays due to...casualty... Does my surgery fall under this contract provision?
2 Answers from Attorneys
Re: Contractor agreement/project abandonment
In this contact, the word "casualty" usually means damage to the project beyond the contrators contract such as storm damage or earthquake damage. However, the term "casualty" might have a special definition in the contract. The contract might also have other terminology that might limit your liability under the circumstances. It is very difficult to advise someone of their rights without having the entire contract to read, so you should have the contract reviewed by a local construction attorney.
Re: Contractor agreement/project abandonment
Very hard to say without reading the entire contract. The question of contract interpretation is usually answered by a judge or jury. You may, however, have some other contract defenses available to you.