Question re "jointly and severally liable" in construction contract

[msmith56]

I am hiring a tree service to cut down a tree that is very close to my house, so I want to make sure that if they make a mistake and damage my house that they (or their insurance) will pay, not me. On the contract for the job it says under the "Owner acknowledgements" section the following:

5. Owner agrees to be jointly and severally obligated and liable hereunder.

This sounds to me like if the contractor damages something, I am as liable as they are?

This statement doesn't refer to anything specifically, it just seems to refers to the whole contract in general. Does this say what I think it does and has anyone else seen anything like this in a contruction contract? Elsewhere in the contract, it says I also must use mediation before suing. The rest of it seems fairly harmless.

Thanks very much for your help!

 

[JakeB]

That seems odd, but without reading the entire contract, I can't say for sure what it means. It could be poorly worded, or it could be that you just don't understand something simple.

I will say this, however: If you don't know what it means, then do not sign the contract. You should never agree to do something that you do not understand. Also, if the company says "oh, don't worry about it, that's meaningless," then your response should be "if it's meaningless, then I'm going to cross it out." If they refuse to accept the change, then it's clearly not meaningless.

 

[msmith56]

That seems odd, but without reading the entire contract, I can't say for sure what it means. It could be poorly worded, or it could be that you just don't understand something simple.

I will say this, however: If you don't know what it means, then do not sign the contract. You should never agree to do something that you do not understand. Also, if the company says "oh, don't worry about it, that's meaningless," then your response should be "if it's meaningless, then I'm going to cross it out." If they refuse to accept the change, then it's clearly not meaningless.

Well, since its a pretty short form, here's what the whole thing says (summarized):
OWNER ACKNOWLEDGEMENTS
1. Owner has been informed of right to cancel
2. Owner acknowledges receipt of copy of agreement
3. Any surplus materials ordered remain the property of the contractor
4. Owner indemnifies and holds harmless Contractor & employees from any claims re detection & abtement of asbestos, lead, mold, etc
5. Owner agrees to be jointly and severally obligated and liable hereunder.

CONTRACTOR IS NOT RESPONSIBLE FOR:
1. Pre-existing violations of building & zoning codes

Contractor not liable for any delay or failure to perform due to force majeure.

Owner agrees to mediation of at least 1/2 day in length if unable to settle a dispute before filing a lawsuit

Owner agrees start & completion date are estimates.

Each change in terms & conditions shall be in writing & signed by owner & contractor.


Does that make anything clearer as to what point #5 means?

 

[justalayman]

I would not even consider signing that contract as is. The phrase you asked about is ambiguous, at best as to what it is referencing.

you did state you summarized the contract so it may speak a bit differently than what you have presented but...

This sounds like some general contract more appropriate for a builder than a tree service.

I would pass.