Cotney Newsletter

Mold Disclaimer Contract Provision

Mold and microbial growth may exist on a project prior to a roofing contractor performing work and may be affected by interior heating and cooling.  As a result, a disclaimer provision is recommended to limit potential liability:

Contractor disclaims all liability for claims, damages or disputes arising out of mold, mildew, algae, or other forms of microbial growth (“Mold”) on the project, including disputes arising out or relating to Mold. The Customer is solely liable and responsible for all damages caused by Mold and incurred by any Party. Contractor will use reasonable efforts to prevent water intrusion during re-roofing but if Mold occurs, Contractor shall not be liable.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.