Discuss what would you do???? in the Canada Tile Advice area at TilersForums.com.

D

Diamond Pool Finishers

Andy, this is what I would do, and you can take it or leave this advice. In situations like this (and funnily enough I have a similar situation going on right now). Tomorrow morning I am issuing a 'disclaimer' because I am now seriously under pressure to bring a contract in on programme. It will basically state we will undertake the works as instructed but we accept no responsibility, in any shape or form for any failures, as a direct result of the substrate not being ready to recieve the material.

The client then signs and dates it, and you carry on.

Basically you throw the problem right back at them.

Good luck

Lynn
Disclaimers are not worth the paper they are written on !!!!!.
We all have a duty of care , and if you know something is not right you will be guilty of going any further , you MUST STOP ! and only carrie on when it is right . sorry to sound grumpy here but it's not me it's the LAW ........
 

Andy Tiler

TF
Arms
45
1,043
manchester
Disclaimers are not worth the paper they are written on !!!!!.
We all have a duty of care , and if you know something is not right you will be guilty of going any further , you MUST STOP ! and only carrie on when it is right . sorry to sound grumpy here but it's not me it's the LAW ........

Sorry officer diamond!! Hahaha get to bed you!!!.
 
G

Gazzer

The presence of a disclaimer in a legally binding agreement does not necessarily guarantee that the terms of the disclaimer will be recognized and enforced in a legal dispute. There may be other legal considerations that render a disclaimer void either in whole or part.

Disclaimer - Wikipedia, the free encyclopedia
 

Andy Tiler

TF
Arms
45
1,043
manchester
P

Pebbs

Disclaimers are not worth the paper they are written on !!!!!.
We all have a duty of care , and if you know something is not right you will be guilty of going any further , you MUST STOP ! and only carrie on when it is right . sorry to sound grumpy here but it's not me it's the LAW ........

Diamond you really are a grumpy old sort sometimes, contractually under a JCT contract a disclaimer, fundamentally states that you have been instructed to proceed even when you have set out the reasons for not wanting to proceed. If the client signs he is then accepting the liability, so should it ever come to adjudication it stands up. You seriously think a main contractor is going to wait for the screed to dry out when he might be faced with penalty clauses and liquidated damages on a contract? He will tell you to get straight of the site and get someone else in. I put a dispensation email in and they take the responsibility for any failures.

If the substrate is not satisfactory in your opinion, as I said you throw it straight back at the main contractor, it is not your responsibility to solve their problems. They don't like being told what to do, and if it all goes wrong they will slaughter you thats the fact of the matter. Like it or lump it.

Lynn
 

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