Forget to obtain that license from the municipality or county where you are working, and be ready to face the music.

We’ve all seen them – those clauses on proposals or work orders stating that a repairman won’t be responsible or liable for any damage caused by his repairs. The question is, are they enforceable? A recent case has determined they can be, if properly written.

A contractor, hired by a developer to perform certain earthwork, priced the job with the idea the he could remove excess fill from the job site and haul it to another project on which he was also working. An easy way to make some money, or so he thought.

In essence, there are two possible types of theories of liability in construction litigation – those arising in tort, and those arising in contract. In tort cases, the primary theory of liability would be in negligence. Contract related disputes are more commonplace at the courthouse.