Are exculpatory clauses in contracts enforceable?

UPDATED: Oct 1, 2022

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Are exculpatory clauses in contracts enforceable?

A contractor caused damage to my irrigation system while working on my property. However, they refuse to provide insurance information or reimbursement, pointing to a statement in the contract stating,

Asked on September 28, 2018 under Business Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

"Does not warrant" means they don't guaranty againt damage--that is, the are not obligated to repair damage no matter what. But not warranting does not protect them from liability if they were negligent or careless and caused the damage through their carelessness or other wrongdoing. You can't compel them to provide insurance information or to compensate you voluntarily--but you can sue them (e.g. in small claims court). If you can show in court that the damage resulted from their fault, you can get a court judgment against them requiring them to pay.

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