5.3.1.6.2 Disclaimers

JurisdictionArizona

Construction contracts are usually filled with boiler-plate disclaimers or exculpatory clauses designed to transfer the risk and responsibility of design defects from the owner to the contractor. Generally, attempts by owners to avoid the responsibility for design defects through clauses requiring the contractor to examine the site, to check the plans and specifications, to independently verify the accuracy of all the owner’s representations, to assume responsibility of the work until the completion and acceptance by the owner, and to disavow any and all implied warranties, have been rejected by the courts.[143]

However, there have been a series of cases upholding “specific” as opposed to “general” disclaimers. A “general” disclaimer is similar to the requirement that the bidders fully investigate the site; an example of a “specific” disclaimer is similar to a statement...

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