When stating a contract disclaimer, it is important to include what pertains to contract terms that need to be disclaimed in as succinct a way as possible. By design, a construction contract disclaimer protects the interests of all parties involved. To be fully inclusive, a contract disclaimer must consider some basics in the legal, material and technical aspects to the work at hand.
Write down all purposes for which the legal advice is not intended, such as in the instance of a contractual dispute. Write the word “Disclaimer” in all capital letters as the first word in the statement. Be clear that it is a disclaimer for the information set forth.
Include a statement that sets forth to readers that in order to act upon the disclaimer, they must seek out their own professional or legal advice. Make clear that the disclaimer is not intended to be construed as legal advice. For example, a lawyer-client relationship is not created with a disclaimer, nor is a disclaimer intended to give legal advice. Construction law changes constantly; it is important to disclaim the legal nature of what you are saying.
Indicate the confidentiality of the disclaimer, in that it is not intended to be responded to nor is it intended to be held in confidence. If the disclaimer is being housed electronically for reader access, clearly state that it is not to be disputed or responded to, that the disclaimer is an instrument to protect the interests of the contract and the company.
Anticipate and note any disputes that could arise, and outline how those disputes will be resolved outside the contract terms and include each one in the disclaimer. Consider contractual or payment disputes. State clearly and succinctly the protections available, such as arbitration and in what state or venue. State this for the contractors and subcontractors as well. Do not use more than two sentences for each possible dispute being addressed.
Name the contract firm fully at the end of the disclaimer, with corporate name, address, a contact email, web address and telephone. Make clear the source of the disclaimer.
Place the disclaimer statement in the end of the contract in a font size that matches the remainder of the text to assure that readers have fair opportunity to read the notification.
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