Bid Document Disclaimer
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| To protect themselves from any liability for mistakes in the bid documents, owners may include a general disclaimer. Such disclaimer will notify the contractor that the owner denies any liability associated with defects in the bid documents. Usually, the contractor will be cautioned that he is obligated to visit the construction site, review and familiarize himself with the plans and specifications, and basically become aware of what work is called for in the bid documents.
With respect to public contracts, it has been generally settled that the owner warrants the accuracy and competency of the plans and specifications on which the bids will be based. Positive representations in the bid documents will not be subverted by general disclaimer language denying liability. This implied warranty of the plans and specifications has been extended to private construction contracts as well. The owner, as the more knowledgeable party and the drafter of the plans and specifications via his design professionals, is regarded as being the proper party responsible for errors or omissions in such documents. Notably, though general disclaimers are inadequate to protect an owner from liability, specific disclaimers have been held to obviate the implied warranty with respect to the specified subject. Copyright 2010 LexisNexis, a division of Reed Elsevier Inc. |