said by Viper677: said by telco_mtl: said by Viper677:
In Ontario, it does not matter what type of contract you singed, if you miss something big then the judge can order you to pay for it (not always but most likely).
when my lawyer drew up my contract we have a binding arbitration clause, my collegue had that stand up in court when he got sued. He told the judge that the customer agreed to the arbitration clause at signing and still proceded to sue, judge threw the case out.
That might be the case but like I said earlier, it depends on the nature of the dispute. Hey - I am all up for zero liability but unfortunately that is not the reality.
The only way that you can be safe is when you can prove to the court that you had sent your contact to your client well in advance to give them time to review and if you have them sign or initial a statement that says the liability on the inspector is not more than the fee for the inspection. So they have to sign the contact and initial/sign by this statement. If you do this then the judge will most likely dismiss the case. (I am not a lawyer, this is coming from experience, stories and case studies).
Plus, if it was that easy then why would inspectors be required to have E&O insurance? Just sign the contact before the inspection and make as many mistakes you want, right?
we have e&o as well, but my collegue who has been in the business 15 years and has been taken to court has yet to touch his inusrance. a well worded contract that is straightforward with a rider at the bottom that has to be initialled separately about arbitration is the best protection. As well operating yourself with a holding and operating company to limit liability also helps.