Legal Question in Construction Law in New Jersey
contractor liability insurance
can a contractor doing a job with no insurance sign a disclaimer stating no liability for personal injury to the contractee in connection with said job and would such a disclaimer be binding
1 Answer from Attorneys
Re: contractor liability insurance
Disclaimer for prospective negligence are frequently held to be invalid in such circumstances, but not always. That doesn't sound as if it helps, but it does. A property owner would be out of his business mind to permit an uninsured contractor to work on the property. First there is the direct problem of liability. Second, a disclaimer doesn't affect the rights of other people but may invalidate the property owner's insurance to the extent that it would have covered injury to third parties. Third, the lack of insurance is a big indication of financial instability, so who fixes the problems when this guy goes south? Fourth, who needs the problem? There are lots of good contractors who have insurance. Some of them are my clients. Give me a call. I'll put you in touch.
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