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Release of Liability
Secure your construction project with a California-compliant Release of Liability. Mitigate risk from Cal-OSHA violations, lien disputes, and AB 5 classification.
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As a California General Contractor, you operate in one of the most litigious construction environments in the nation. Between strict Cal-OSHA safety standards and the complex AB 5 worker... Read more
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[Incident Description]
[Detailed Project Scope & Punch List Items]
Identifies the parties involved in the release, generally referred to as the 'Releasor' and the 'Releasee'. This is crucial for establishing who is giving up rights and who is protected.
Explicitly states that the Releasor releases the Releasee from specific liabilities or claims. This clause defines the scope of what is being released, critical to its enforceability.
Acknowledges that the Releasor is aware of and assumes the potential risks involved. This supports the Releasee in defending against claims of ignorance by the Releasor.
Waives any current or future claims against the Releasee arising from the activity or event involved. This further clarifies the intention to relinquish rights.
Requires the Releasor to indemnify the Releasee against any claims made by third parties related to the activity. This shifts potential legal burdens away from the Releasee.
Establishes which state's law will govern the interpretation and enforcement of the release, which is important for legal clarity and consistency.
Ensures that if part of the agreement is found to be invalid, the remainder still holds. This is important to maintain the enforceability of the document.
The Releasor states their understanding and acceptance of the agreement terms, often necessary to combat claims of misunderstanding or duress.
As a California General Contractor, you operate in one of the most litigious construction environments in the nation. Between strict Cal-OSHA safety standards and the complex AB 5 worker classification 'ABC test,' a generic waiver isn't enough. Our Release of Liability is engineered specifically for the California building industry, ensuring that after the punch list is finalized and the final change order is paid, you are protected against future claims regarding workplace injuries, building code violations, and Mechanics Lien Law disputes under Cal. Civ. Code §§ 8000. Protect your bonding capacity and license by ensuring every sub and trade signs a legally robust release.
In California, a general release does not extend to claims which the releasor does not know or suspect to exist at the time of signing. To ensure your release is truly comprehensive, our document includes a specific waiver of Section 1542 rights, which is essential for general contractors to prevent future lawsuits regarding 'hidden' defects or unknown project delays.
While this document releases general liability, California law (Cal. Civ. Code §§ 8000 et seq.) has specific requirements for lien waivers. This release serves as an additional layer of protection by confirming the satisfaction of payment and releasing claims related to the scope of work, reducing the risk of a subcontractor or vendor filing a lien against the property owner.
No single release can bypass California’s AB 5 (ABC test). However, including an acknowledgment of independent status and a release of liability for workplace injuries can help mitigate risks while you ensure your operational practices align with Cal. Lab. Code §§ 2750.3 to avoid misclassification penalties.
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