These type questions are what makes the civil forum the most glamorous.
Have a small construction contract submitted and the contractor wants to waive all warraranties etc. and further wants to cap any damages the county might incur at the contract price. ie. if the building falls and kills 14 people, we have to get around the warranty issue then, the damages under the contract cannot exceed the amounts we paid for construction.....$100,000.
I looked thru the civil papers from prior forums but could not find those two issues addressed. Did i miss it? How do you typically handle the warranty issue? Ray, Scott?
They are a local contractor and a Dallas law firm drafted the proposed contract for private construction, not county projects. We all want to move forward on this. Do you have any sample forms for a small construction project?

As we dig out of the snow, Dave Kemp tells me he's looking for anything we might have that might be helpful to you. Stay warm if you can.

Scott, thanks!!!!!
It snowed this morning...and is a balmy 50 degrees this afternoon!!!

Mike, I've got a form that may be useful - I think I "collected" it from another jurisdiction. It may be too detailed for your purposes, but can be edited. Contact me at my e-mail address & I'll forward it to you.

davidkemp@co.potter.tx.us

Mike -
Ray strongly recommended a book on construction contracts at his last talk. I bit the proverbial bullet and purchased it - would be glad to share if we can figure out how to get it to you!!

Lisa

Frankly what you need is a better contractor. If they won't warranty at all and they want a contract limitations clause that does not exceed the payments made by the county you probably need to rethink the process that put them in the winning vendor seat.

While "The Construction Contracts Book: How to Find Common Ground in Negotiating Design and Construction Contract Clauses" is an excellent tool for use in negotiating a better agreement they need to at least agree to reach your Tort Claims limits for a fall over.

Thanks all...as usual, I am in on the tail end of this deal...I will say the Atty that drafted the agreement for the company did not have a county in mind while doing so, and did a good job of insulating the company from potential liability.
Lisa I will call you to see if I can peek at your book.
Busy now terminating a county owned hospital CEO contract...ah the "opportunities" abound!!