How Does a Contractor Avoid Liability for Work Not Done to Specifications?
A hold harmless agreement is one in which one person agrees to assume the liability and risk that may arise from the obligation, and protects and indemnifies the other party against having to bear any loss. It may be used along with an acknowledgement of risk form. An indemnification or hold harmless clause may be included so the other party to the contract is reimbursed against loss or damage. A waiver or release gives up a right, such as releasing one from his/her liability for harm or damage that may occur from performing under a contract, or participating in an activity. It is generally not effective to protect a person from liability for intentional acts or gross negligence.