National Roofing Legal Resource Center

Contract provision addresses fireproofing materials liability

Prior to issuing reroofing specifications, the building owner or its representative (e.g., designer, consultant, facility manager) should determine whether there are spray-applied fire-resistive materials (SFRM) on the underside of the roof deck and evaluate the attachment and integrity of the SFRM. Based on the age and condition of the SFRM and deflection of the deck, SFRM may fall from the underside of the deck during roofing operations. The tear-off of an existing roof and application of new roofing materials, including mechanical fastening to or through the deck, could cause detachment of SFRM. To avoid potential claims from the owner or its insurer due to falling and spalling SFRM in reroofing projects, the roofing contractor should alert the owner and its representatives to this possibility prior to job start and include a contract provision making it clear the roofing contractor is not liable for damages resulting from falling SFRM.

Fireproofing materials liability waiver: Roofing contractor is not liable for fireproofing that may detach, fall or spall from the underside of the roof deck or structural members during roofing operations, including costs of clean-up and replacement of fireproofing.


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