Originally Posted By: pdacey
This post was automatically imported from our archived forum.
It seems that most builders here in San Antonio have a Hold Harmless Agreement that they require inspectors sign before they are allowed on the property. This is for private HIs that are doing inspections for the buyer after the house is complete, not the city inspectors.
I would like some opinions on this. It seems that there are some inspectors that won't do the inspections because of the agreement and others that don't care and just sign it anyway. I'm on the fence. I have an inspection scheduled for next week that requires me to sign the agreement.
Here's the agreement verbatim. To protect the innocent (or guilty) I changed the builder's name to just "Builder".
|This Hold Harmless Agreement is entered into by and between "Builder" (hereinafter called "builder") and _____________ (hereinafter called Inspector)
"Builder" shall not be liable or responsible for, and shall be saved and held harmless by inspector from and against any and all suits, actions, losses, damages, claims, or liability of any character, type, or description, including all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, by any act or omission of Inspector while on the property being inspected pursuant to this agreement, including claims and damages arising in whole or in part from the negligence of "Builder".
It is the express intent of the parties to this agreement that the indemnity provided for in this section is an indemnity extended by Inspector to indemnify and protect "Builder" from the consequences of "Builders'" own negligence, wether that negligence is the sole or contributory cause of the resultant injury, death, or damage.
It is the expressed intention of the Inspector and "Builder" that the indemnity provided for in this agreement is designed and intended to protect "Builder" from the consequences of defects in the property being inspected pursuant to this agreement.
SIGNED this ___________ day of ___________________, 2002
What do you guys think?