ISSUE:

An owner of a lot hires a builder to construct a home on the lot. The owner of the lot is requesting that the home be built on a hilly part of the lot. The builder is concerned about potential settling of the home if constructed on this hilly part of the lot. The owner of the lot is willing to waive any liability of the builder for constructing the home on this hilly part of the lot. Is this waiver enforceable?

ANSWER:

Probably not. A builder or other contractor generally has liability for any defective work for a minimum of six years. This liability is implied by law and generally cannot be waived.