RSM Land Clearing & Construction
Service Agreement
Section 12 – Limitation of Liability

 

12.1 Limitation of Liability
RSM Land Clearing & Construction ("Contractor") agrees to perform all work in a professional
and workmanlike manner consistent with accepted industry standards. Except as required by
applicable Texas law, Contractor shall not be liable for any indirect, incidental, special,
exemplary, or consequential damages, including but not limited to loss of profits, loss of
business, loss of use, diminished property value, or delay damages.

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12.2 Underground Utilities and Concealed Conditions
The Client is solely responsible for identifying and disclosing all known underground or
concealed improvements before work begins, including but not limited to water lines, sewer
lines, septic systems, electrical lines, gas lines, fiber optic cables, irrigation systems, drain lines,
culverts, fuel tanks, wells, and any other underground structures. Contractor shall not be
responsible for damage to any underground or concealed improvement that was not accurately
identified, marked, or disclosed before work commenced.

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12.3 Property Boundaries
The Client is responsible for providing accurate property boundaries, survey markers,
easements, and work limits. Contractor shall not be liable for damages resulting from inaccurate
surveys, missing property markers, or incorrect boundary information supplied by the Client or
others.

12.4 Existing Site Conditions
Contractor is not responsible for hidden defects, unstable soil, buried debris, abandoned
structures, unforeseen rock formations, erosion, drainage issues, or other subsurface conditions
that could not reasonably have been discovered prior to excavation or land clearing. Discovery
of unforeseen conditions may require additional work and shall be handled through a written
Change Order.

12.5 Landscaping and Adjacent Property
Unless specifically included in the Scope of Work, Contractor is not responsible for incidental
damage to grass, landscaping, shrubs, tree roots, driveways, sidewalks, fencing, or other
improvements located within or immediately adjacent to the designated work area when such
damage is reasonably necessary to perform the contracted work.

 

12.6 Weather and Force Majeure
Contractor shall not be liable for delays or damages caused by weather, flooding, fire,
hurricanes, tornadoes, governmental actions, labor shortages, material shortages, acts of God,
or any event beyond Contractor's reasonable control.

 

12.7 Maximum Liability
To the fullest extent permitted by Texas law, Contractor's total liability arising out of this
Agreement shall not exceed the total amount actually paid by Client under this Agreement for
the specific work giving rise to the claim.

 

12.8 Indemnification
Client agrees to defend, indemnify, and hold harmless RSM Land Clearing & Construction, its
owners, employees, and subcontractors from any claims, damages, losses, or expenses arising
from inaccurate information provided by Client, failure to identify or mark underground
improvements, concealed site conditions, boundary disputes, or hazardous conditions not
disclosed before work began.