Indemnity clause almost cost me $8k on a bathroom reno in Austin

I was doing a sub contract for a friend of a friend, tiling a master bath. They shoved in this indemnity clause that said I'd cover any damage to their property even if it wasn't my fault. I didn't think much of it cause I know the guy. Then the plumber they hired messed up a pipe and flooded the floor below. The homeowner tried to push all the repair costs onto me because of that clause. I had to pay a lawyer $300 just to get them to back off and go after the plumber instead. Now I check every contract for that wording before I sign anything. Has anyone else had a vague clause like that bite them?

2 comments

2 Comments

zarag1712d ago

Oh man, this hits close to home. I had basically the same thing happen but with a kitchen reno in Dallas a couple years back. The homeowner slipped in wording that said I'd be responsible for "any and all damages" (which I later learned is crazy broad). A cabinet installer accidentally nicked a gas line and the whole house had to be evacuated. They tried to pin that on me even though I was just doing the backsplash. Had to spend $400 on a lawyer friend to look at it and he laughed saying that clause was basically unenforceable in Texas since it wasn't my negligence. Now I literally cross out anything that says "indemnify" before I even pick up a tool. It's wild how people try to use these clauses to dodge their own mess ups.

jesse_smith1012d ago

Wait, he laughed about it? That's brutal but also kind of hilarious.