If I hired a contractor and he is not licenced and doesn’t want to get a license, can I have sign him a release that says that if something happens I’m not liable?

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If I hired a contractor and he is not licenced and doesn’t want to get a license, can I have sign him a release that says that if something happens I’m not liable?

Asked on September 11, 2019 under Business Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You can ask for the release, but those releases are not as powerful as people think they are. You can him give up the right to sue for things not involving dangerous conditions in your home, but since the law wants homeowners to correct dangerous conditions, you cannot escape liability for them. So say your house has dangerous wiring and he gets electrocuted due to it; he could sue you for his injuries due to the dangerous condition in your house.


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