Jury Trial Waiver Validity

Summary

Waiving the right to a jury trial in Maryland contracts, such as for roof replacement, is common if clearly stated and agreed upon. Contracts may also include class action waivers and liability limitations. You can still pursue individual claims, but options may be limited to the purchase amount. Consulting a legal professional is advisable for specific concerns.

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"HOMEOWNER WAIVES THE RIGHT TO A JURY TRIAL. EACH PARTY MAY ONLY BRING AN ACTION FOR ANY DISPUTE UNDER THIS CONTRACT ON AN INDIVIDUAL, AND SPECIFICALLY NOT ON A CLASS OR REPRESENTATIVE, BASIS, IN THE NAME OF THE INDIVIDUAL OR ENTITY, AND MAY NOT ASSERT A THIRD PARTY’S RIGHTS, INCLUDING THROUGH A CLASS-ACTION CLAIM, SUCH RIGHT TO PARTICIPATE IN A CLASS ACTION BEING EXPRESSLY WAIVED. IN NO EVENT SHALL (A) CONTRACTOR BE LIABLE FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES ARISING OUT OF THIS CONTRACT, HOWEVER CAUSED, EVEN IF CONTRACTOR WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) CONTRACTOR’S TOTAL LIABILITY FOR ANY LOSS ARISING OUT OF THIS CONTRACT EXCEED THE FINAL PURCHASE PRICE PAYMENTS RECEIVED BY CONTRACTOR."
It seems like the contract you're dealing with includes a jury trial waiver and limits on liability, which can be common in such agreements. Here are a few key points:
- Jury Trial Waiver: It's enforceable if clearly stated and agreed upon by both parties.
- Class Action Waiver: Prevents filing or participating in class action suits.
- Liability Limitations: Caps the contractor's liability to the purchase price.
It's a good idea to consult a legal professional to ensure you fully understand the implications. Do you have concerns about any specific part of the contract?
do I still have the right to sue the company if I sign this contract?
In Maryland, even if you sign a contract with waivers, you may still have the right to sue the company, but your options might be limited. Here's a brief overview:
- Individual Claims: You can still bring individual claims, but not class actions.
- Liability Limitations: Only allows claims up to the purchase amount.
Consult a legal professional for specific guidance. Do you have any particular concerns about your ability to pursue a claim?