I work for a general contractor, and I do business with many subcontractors. Part of my job is to make sure every subcontract I write has all these CYA provisions.
Nevertheless, I know that ultimately the general contractor will be held responsible when the subcontractor has no assets.
Deep pockets is all you need to know. A judge can invalidate all those disclaimers in the subcontract very quickly.
Somebody’s gotta pay these millions of dollars, and the humble frame subcontractor will declare bankruptcy and leave the general contractor holding the bag.
It’s always been that way.
Thats pretty discouraging, since subcontracts (in a different industry) is my business, too.
Whats a formal agreement worth if the final judgment is dependant entirely upon what some gereatric jurist had for breakfast?