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release from liability

ebeveridge's picture

Long story short. I have been mostly out of construction for about 5 years and perusing other methods to make side money. I have however kept all my stuff up to date (ie insurance state number etc…)I am still at shop teacher at a high school and the school got a grant to create a pavilion as an outdoor space to use as a classroom. It will be constructed with volunteer labor and some of the work will be done by our maintenance department. I will be acting as the general contractor on the project overseeing the work done by the volunteers but not that done by the maintenance. Does anyone have a liability release form I can borrow the wording from I want to type something up about not being responsible for things out of my control ( ie. The maintenance work) I don’t trust them as far as I can throw them. If I have to use an attorney its going to cost me and don’t want to spend money on a free job

#1 What liabilty would you (post #212139, reply #1 of 1)

#1 What liabilty would you have in the first place?  You are an employee of the district as are the maintenance personell.  You are performing the job at the direction of the district so the liablity is theirs in both cases.  You can obviously be sued by anyone for anything at anytime but unless you do something completely contrary to the directions of your employer, you likely won't be held personally liable for even your negligence. 

 

#2 are you part of a union workforce?

#3 have you checked you professional liability coverage with your union to see what it covers for shop teachers working on projects?

 

Rather than worrying about liability waivers which lawyers can blow through quickly, (Lets say you get your waiver signed and the maintenance crew is grossly negligent in one area of construction - so much so that any reasonably proficient professional would readily see it and you perform work on the structure subsequently, do you really think pulling out a piece of paper and pointing at the maintenance crew as the ones who did said work is going to absolve you of responsibility?  It won't, lawyers will brush that aside quicker than you can blink and attach liability to you as the professional you hold yourself out to be for not recognizing and correcting the problem regardless of who created it.)

I would be more concerned about what insurance coverage you have in place through the district and your union.  And I would be concerned that the district recognize that you are performing this function as an employee of the district at their direction.  THAT I would want in writing.  If something goes wrong they MIGHT try to hang you out to dry saying you were a volunteer as well on your own time.  If its clearly understood you are acting as their employee you are in a much better position from a liability standpoint.