JIMMIEM,
That is an excellent point.
But in defense of David and Roy I think that two factors form the basis of their position regarding the waiver of liability.
1-Consumer protection laws in many states give the consumer a great deal of "protection" against slick talking double dealing salesmen and contractors. AND
2-The NWFA Installation Guidelines specifically states "Installation constitutes acceptance of flooring material, subfloor/substrate, the job site itself including the ambient temperature and relative humidity at the time of installation, and all impacting variables that may affect a wood floor. For warranty and/or hold harmless agreements, check with legal counsel." Then it goes on for another two pages listing just about everything that could happen in a building and also refers to other sections in the Guidelines. It is fair to refer to this section of the Guidelines as the BOHICA clause. Judges and Arbitrators place a great deal of importance on "Official Industry Guidelines", and if your dispute ends up in a formal setting get yourself ready for BOHICA time.
Another thought just popped in my head. Do they have a wood floor topic posting on the ABA (American Bar Association) web site where the learned barristers thoughtfully discuss cupping and the importance of acclimating. Just wondering??
edited by hbrickman on 8/1/2014
That is an excellent point.
But in defense of David and Roy I think that two factors form the basis of their position regarding the waiver of liability.
1-Consumer protection laws in many states give the consumer a great deal of "protection" against slick talking double dealing salesmen and contractors. AND
2-The NWFA Installation Guidelines specifically states "Installation constitutes acceptance of flooring material, subfloor/substrate, the job site itself including the ambient temperature and relative humidity at the time of installation, and all impacting variables that may affect a wood floor. For warranty and/or hold harmless agreements, check with legal counsel." Then it goes on for another two pages listing just about everything that could happen in a building and also refers to other sections in the Guidelines. It is fair to refer to this section of the Guidelines as the BOHICA clause. Judges and Arbitrators place a great deal of importance on "Official Industry Guidelines", and if your dispute ends up in a formal setting get yourself ready for BOHICA time.
Another thought just popped in my head. Do they have a wood floor topic posting on the ABA (American Bar Association) web site where the learned barristers thoughtfully discuss cupping and the importance of acclimating. Just wondering??
edited by hbrickman on 8/1/2014