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Construction Law Newsletter – Sealed Attic Protection

While the research continues regarding the proper use and installation of spray foam installation and sealed attics, many contractors have requested a contract disclaimer.  The following is a short form disclaimer that can be used by roofers where they have concerns over existing conditions involving sealed attic systems:

Sealed Attic Liability Exclusion: Contractor expressly disclaims liability for any issue, claim, cost and/or damage including, without limitation, attorney’s fees, costs and expenses, arising out of or relating to combining a sealed attic system with spray foam insulation and/or a self-adhered underlayment, and Customer agrees to indemnify, defend and hold harmless Contractor for any and all damages arising out of said condition(s).