Radon Liability
SAMPLE
RADON CONTRACT
PROVISIONS
by William Ethier
With more and more information
about radon hitting the streets,
builders are beginning to get
concerned about their potential
liability. Builders can limit or control
potential radon liability in several
ways:
Don't create contractual
responsibility for this natural health
hazard. Radon is unlike other
environmental health hazards, such as
asbestos or formaldehyde, which are
man-made conditions. Do not give
any warranties that would cover
radon, such as warranties on
merchantability, habitability or fitness
for purpose. Express warranties
should be very specific, enumerating
each item or condition that you
intend to warrant. Avoid using
general or broad terms. Warranties
on workmanship, whether for radon
reduction or mitigation techniques or
any other work in the home, should
be referenced to the standards