Risk & Indemnity - who is responsible - Builder or Owner ?

[vvpit]

Hi

I am about to sign a home building contract with Eden Brae, and a bit worried about below risk & indemnity clause. could any one experienced the same, and any advise how to handle this ? Much appreciate your help

1. The builder is not responsible for personal injury , death, property loss or damage caused by war or terrorism. The owner is responsbile for such injury , dealth , damage or loss

2. Except to the extend limited by another provision of this contract, each party indemnified the other against:
(a) loss of or damage to property ( other than the building works); and
(b) claims in respect of personal injury or death,
arising out of or as a consequence of a cause or event at that party's risk.

Thanks

[Bedford]

G'day mate, welcome aboard.

We're really good here with a hammer and nails, but that's a really tricky one. (especially on a Friday night!)

I reckon you'd get some help on Somersoft Property Investment Forum, Somersoft Property Investment Forums - Powered by vBulletin (http://somersoft.com/forums/index.php)

They have a Legal forum there where you could post you question. Legal Issues - Somersoft Property Investment Forums (http://somersoft.com/forums/forumdisplay.php?f=33)

Give that a go and good luck with it all. :)

[johnc]

War and civil commotion are standard exclusion clauses and it is a rare policy that would cover them, however when enquiring about insurance or risk coverage I would be looking for a more informed source than a renovation forum.

[barney118]

I would have a lawyer look into the document. All contracts are modifiable, you can have clauses ammended or struck out. I agree and don't like the way this one is written. Basically it sounds like the builder is trying to cover a range of issues and have you carry the risk. I would include some words to the effect of negligence in this. I wouldn't be indemnifying anyone for their mistakes negligence etc