Contact US

Log In

Come Join Us!

Are you an
Engineering professional?
Join Eng-Tips Forums!
  • Talk With Other Members
  • Be Notified Of Responses
    To Your Posts
  • Keyword Search
  • One-Click Access To Your
    Favorite Forums
  • Automated Signatures
    On Your Posts
  • Best Of All, It's Free!

*Eng-Tips's functionality depends on members receiving e-mail. By joining you are opting in to receive e-mail.

Posting Guidelines

Promoting, selling, recruiting, coursework and thesis posting is forbidden.

Students Click Here

contract waiver

contract waiver

contract waiver

any sample contract waivers out there that anyone would like to share?   

RE: contract waiver

Without further explanation, I have no idea what a contract waiver is.

RE: contract waiver

whatchathink....don't double post questions.  This one is also posted in the structural forum.  It is more appropriate for this forum.

I had the same question there as hokie66 has here.

A contract waiver, as you explained in the other forum is a waiver of signing a contract.  That, in and of itself, is a contract of sorts.  One that makes no sense. A waiver is usually a specific provision or clause within a contract, not the negation or waiving of the whole contract.

Why would you waive the signing of a contract?  You have no potential of equity with the other party and you have no protections for yourself, such as limitation of liability, indemnification, ownership of documents and dozens of other contractual clauses that can protect you.

If I'm understanding your description of a contract waiver, I can't imagine that any professional liability insurance carrier would allow such.

Maybe you could explain further as to its purpose.

Also...I have red flagged the posting in "structural" as it doesn't belong there.

RE: contract waiver

Thanks for the response, Ron.  

I used a waiver frequently at a engineering firm i used to work for (we called it a contract waiver).  it was used if the project scope was small with limited libility.  Because California requires a contract, all work MUST (by law) have a contract unless the client agrees in writing that a contract is not required.  A typical use would be small scale inspection services.

Why would I waive a contract?  I guess the silly answer is i'm not that worried about it.  maybe i should be.

More information for the contract and waiver requirement can be found here:   http://www.pels.ca.gov/licensees/contractlaw.shtml

RE: contract waiver

A typical use would be small scale inspection services.

This would be one area, regardless of the size, that I would want to limit my exposure with a contract.

Mike McCann
MMC Engineering
Motto:  KISS
Motivation:  Don't ask

RE: contract waiver

Whatchathink...Mike is exactly right.  Liability has nothing to do with fee level.

Even a simple services authorization form would give you the contractural protection you need.  It doesn't have to be some long and laborious contract.  My form, including where I outline the general scope of work, the expected fees and the client contact information is only two pages, but it has MY contract terms and general conditions.  About 90 percent of my work is done this way, with fee levels ranging from $1000 to many times that.

Under the California law, if you used the waiver, the client could then sue you for malpractice if something went wrong, and you would have no contractual defenses...for instance, indemnification for attorney's fees or limitation of liability. What if you do the work and then don't get paid?  You have no contractual basis for collection.

I would use a simplified contract rather than a contract waiver unless such waiver provided clear indemnification and a waiver of legal action, including arbitration and mediation, in the event of an issue.


RE: contract waiver

FULLY agree Ron.

Mike McCann
MMC Engineering
Motto:  KISS
Motivation:  Don't ask

RE: contract waiver

Thank you, all.  

I appreciate your advice and will seriously consider it. . . in fact, I'm nearly done considering it now.  I'm pretty sure I will abandon the waiver for future projects and go with a short form contract.


Red Flag This Post

Please let us know here why this post is inappropriate. Reasons such as off-topic, duplicates, flames, illegal, vulgar, or students posting their homework.

Red Flag Submitted

Thank you for helping keep Eng-Tips Forums free from inappropriate posts.
The Eng-Tips staff will check this out and take appropriate action.

Reply To This Thread

Posting in the Eng-Tips forums is a member-only feature.

Click Here to join Eng-Tips and talk with other members! Already a Member? Login


Low-Volume Rapid Injection Molding With 3D Printed Molds
Learn methods and guidelines for using stereolithography (SLA) 3D printed molds in the injection molding process to lower costs and lead time. Discover how this hybrid manufacturing process enables on-demand mold fabrication to quickly produce small batches of thermoplastic parts. Download Now
Design for Additive Manufacturing (DfAM)
Examine how the principles of DfAM upend many of the long-standing rules around manufacturability - allowing engineers and designers to place a part’s function at the center of their design considerations. Download Now
Taking Control of Engineering Documents
This ebook covers tips for creating and managing workflows, security best practices and protection of intellectual property, Cloud vs. on-premise software solutions, CAD file management, compliance, and more. Download Now

Close Box

Join Eng-Tips® Today!

Join your peers on the Internet's largest technical engineering professional community.
It's easy to join and it's free.

Here's Why Members Love Eng-Tips Forums:

Register now while it's still free!

Already a member? Close this window and log in.

Join Us             Close