disclaimer

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disclaimer

(1) The refusal or rejection of a right, as a disclaimer of an inheritance of environmentally contaminated property.(2) The limitation of a warranty or responsibility.

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In Edsall Construction Co., (12) the Armed Services Board of Contract Appeals (ASBCA) determined that the government could not shift the responsibility for defective design specifications to a contractor with a general disclaimer. The CAFC recently examined the case and reached the same conclusion.
Construction contracting
If a general disclaimer cannot be obtained, try to include language that deals expressly with the sale of the property and provides that the manager has no liability for damages that are sustained by erroneous information and reports supplied in good faith.
Side-stepping liability during a sale
This general disclaimer provision includes the uncertainty situations previously covered by footnote 11.
SAS 79: reporting on uncertainties

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