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Old 10-23-2006, 08:30 PM
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Had my attorney look at it and it was explained that we are liable only if we are negligent in our duties as per the contract. Of course negligence would be subjective as to the jury involved. My insurance agent sent it to the underwriter and they said it was ok.

I would have to agree with not assuming the liability in all cases. Problem is there are a lot of contractors out there that would sign it and not think otherwise. Hence the reason they are able to get away with it.

We're a little behind here in Nebraska. Most companies are still very honest. This one is the oldest real estate company in the area; over 100 years. We've done work with them in the past and they pay rather quick. Within the last few months they hired a new VP who wants their contract used because in most cases the contractor does not have a contract. In our case they used our contract as "Exhibit 'x'" and referred to it multiple times including the specifications of the work to be done.

This summer I had one contract that was presented to us for maintenance that was 28 pages long! We ended up going through it line by line agreeing and disagreeing. A lot was changed. I'm finding that many these property managers simply regurgitate the information that they are fed.

Thanks for the input guys!
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