Even voorstellen

Disclaimer in Construction Contract


When it comes to construction contracts, having a disclaimer included is essential. It`s a clause that serves as a protection against any liabilities or damages that may arise during the course of the project. In this article, we`ll discuss everything you need to know about the disclaimer in a construction contract.

What is a Disclaimer?

A disclaimer is a statement that limits a party`s liability in a contract. In a construction contract, this statement is used to protect the contractor or construction company against any claims that may arise from the client.

Why is a Disclaimer Necessary in a Construction Contract?

A disclaimer in a construction contract is necessary to protect the contractor or construction company against any unforeseen circumstances that may arise. For instance, if there`s a delay in the project`s completion due to unforeseen circumstances such as natural disasters, it may not be the contractor`s fault. In such a case, the disclaimer clause serves the purpose of limiting the liability of the contractor.

What Should a Disclaimer Include?

A disclaimer in a construction contract should include the following:

1. Scope of the disclaimer: The disclaimer should specify what areas it covers and what liabilities it limits.

2. Exceptions: It should also clarify what exceptions it doesn`t cover.

3. Consequential damages: The disclaimer should include provisions for consequential damages, which include loss of profits, revenue, and other damages arising from the breach of the contract.

4. Indemnity: The disclaimer should also specify indemnity provisions, which require one party to reimburse the other for any damages arising from a third party`s claim.

5. Governing law: It should also specify the governing law that applies to the contract.

What are the Disadvantages of a Disclaimer in a Construction Contract?

A construction contract disclaimer can limit a client`s rights and protections. The client may end up paying for the damages arising from the contractor`s negligence or failure to adhere to the terms of the contract. Additionally, a disclaimer in a construction contract may discourage a client from raising any issues during the project`s execution.


A disclaimer in a construction contract is essential for both parties` protection. It limits the contractor`s liability and also protects the client from any unforeseen damages. However, it`s crucial to ensure that the disclaimer outlines all the necessary provisions and exceptions to avoid disputes during and after the project`s execution.

Alle medewerkers

You’ve go(a)t this!

Op de Mekkerbek streven we ernaar om samen met jou op zoek te gaan naar jouw krachten en talenten. De begeleiding is op maat, er wordt aangesloten op jouw behoeften, (toekomst)wensen en belastbaarheid.

Wij geloven dat jij het in je hebt! Zullen we ervoor gaan?!

Neem contact op