Contract Provision Addresses Use of Permanent Anchors or Other Safety Equipment by Third Parties

This month's contract provision is intended to be used when the scope of work includes installation of permanent anchors or other safety equipment. Because a roofing contractor cannot monitor future use by third parties or enforce a requirement that other trades sign a waiver before using the anchors, a liability disclaimer should be included. This provision imposes upon the owner an obligation to affirmatively require any third persons to inspect and assume the risk of using the equipment, and it requires the owner to indemnify the roofing contractor against claims or damages arising from the use of the equipment by third persons: 

Permanent anchors or other safety equipment: Roofing Contractor may install permanent roof anchors or other fall-protection related equipment (collectively "Anchors") at Owner's building. Anchors are exclusively for Roofing Contractor's use when performing the work called for by this Agreement, and for Roofing Contractor's use in any future servicing of the roof at the building. Should any person or entity other than Roofing Contractor wish to make use of the Anchors, Owner shall require such persons or entities to inspect the Anchors and satisfy themselves as to the suitability of the Anchors, and Owner shall obtain the agreement of such persons or entities that use of the Anchors is strictly at their own risk. To the fullest extent permitted by law, Owner shall indemnify, defend and hold Roofing Contractor harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees, asserted against Roofing Contractor and arising out of or resulting from use of the Anchors by persons or entities other than Roofing Contractor or from Owner's breach of this provision. It is expressly understood that Roofing Contractor makes no representation and has made no representation to Owner as to the working condition, structure, strength, durability, construction or any other characteristic of the Anchors. Roofing Contractor is not responsible for maintenance, testing or future inspection of the Anchors or use of Anchors by others.

From NRLRC
http://www.nrlrc.net/content/news/details.aspx?id=238

Trenton H. Cotney

Florida Bar Certified Construction Lawyer

Trent Cotney, P.A.

407 N. Howard Avenue

Suite 100

Tampa, FL 33606

www.trentcotney.com