We are concerned about customers and third parties trying to sue roofing contractors for unintentional exposure to COVID-19. Below is an example of COVID-19 release language we have drafted along with other provisions to try and prevent these types of claims:
Customer, on behalf of its heirs, agents, tenants and assigns (“Owner Parties”), hereby waives and releases Contractor and Contractor’s past, present or future heirs, insurers, sureties, agents, employees, officers, directors, partners, shareholders, subcontractors, suppliers, and vendors (“Contractor Party/Parties”) from any and all past, present, or future actions, claims, demands, damages, debts, liabilities, causes of action, rights of action, actions, suits, costs, attorneys’ fees, court costs, and losses, of whatever nature, character or description, whether at law or equity, whether known or unknown, whether anticipated or unanticipated, which any of the Owner Parties now has or which may hereafter accrue, whether based in whole or in part related to the unintentional spread or transmission of COVID-19. This provision expressly excludes any gross negligence or willful/wanton conduct by the Contractor Parties.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.