My question involves a consumer law issue in the State of: Virginia.
I'm a home owner hiring a contractor to do some remodeling inside my house. I live in Virginia. The contract sent by the contractor has this clause (I am the "Owner" in this clause):
"To the fullest extent permitted by law, the Owners shall indemnify, defend and hold harmless the Contractor and its agents, Sub-Contractors and employees, from and against all claims, demands, or liability for injuries or damage arising out of or encountered in connection with this Contract of the prosecution of work hereunder, excepting only such injury or harm as may be caused solely and exclusively by the gross negligence or willful misconduct of the indemnified party. Without limiting the generality of the foregoing, such indemnification shall extend to claims, damages, losses, and expenses attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, or to penalties imposed on account of the violation of law, regulation or governmental requirement. This provision shall survive the termination of the Contract"
Does this imply I'll need to pay the contractor for any damages/injuries they encounter while working in my home? For example, if they trip and fall, am I responsible to pay them per this clause? Does this clause also mean if they damage my house in any way while working on the project, I cannot hold them responsible for the damages to my house? In your opinion, is this a fair clause for the home owner that's hiring the contractor? if not, how can this clause be rephrased so that it is fair for both the home owner and the contractor?
Thank you for any help!
I'm a home owner hiring a contractor to do some remodeling inside my house. I live in Virginia. The contract sent by the contractor has this clause (I am the "Owner" in this clause):
"To the fullest extent permitted by law, the Owners shall indemnify, defend and hold harmless the Contractor and its agents, Sub-Contractors and employees, from and against all claims, demands, or liability for injuries or damage arising out of or encountered in connection with this Contract of the prosecution of work hereunder, excepting only such injury or harm as may be caused solely and exclusively by the gross negligence or willful misconduct of the indemnified party. Without limiting the generality of the foregoing, such indemnification shall extend to claims, damages, losses, and expenses attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, or to penalties imposed on account of the violation of law, regulation or governmental requirement. This provision shall survive the termination of the Contract"
Does this imply I'll need to pay the contractor for any damages/injuries they encounter while working in my home? For example, if they trip and fall, am I responsible to pay them per this clause? Does this clause also mean if they damage my house in any way while working on the project, I cannot hold them responsible for the damages to my house? In your opinion, is this a fair clause for the home owner that's hiring the contractor? if not, how can this clause be rephrased so that it is fair for both the home owner and the contractor?
Thank you for any help!
Construction Contracts: Indemnity Clause in Contract
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