Weasel Clauses


Weasel Clauses : Are commonly found in construction specifications. Their intent is exclusively to deflect responsibility and thus liability in all possible ways the specification writer sees fit to concoct. A popular analogy would be a flood insurance policy, which would cover all damages, except those, which are caused by water. In other words, the design team (architects and engineers) almost designs the building and its contents (almost because much of this work is often so sketchy that much is left to the imagination of the successful contractor, resulting in the fact that a lot of design work is done absolutely free of charge by the many contractors bidding on each job - this partially thanks to the fact that the design team too must compete) and then states that regardless of what they have drawn and written, everything must be done in accordance with all applicable laws and regulations. Or in other words: "We are not responsible for our work. " Although this sounds preposterous at first, in reality this but gives a fighting chance to the design team. Of course, excrement flows downhill, as they say. Thus, such niceties are passed on further down the line from general contractor to sub-contractor, to sub-sub-contractor and so forth. What it really means is that if one is taken advantage of, or if damages result, one faces the cost and uncertainty of litigation and the prospect of fighting for one's rights, if all else fails
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