A Harvey waiver allows the court to consider dismissed charges during sentencing in a criminal case. Absent a waiver by defendant, a sentencing court is not permitted to rely upon information relating to counts dismissed in accordance with a plea bargain. The name originates from a California case, People v. Harvey (1979) 25 Cal.3d 754.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
South Dakota Harvey Waiver: A Comprehensive Description of Types and Key Features Keywords: South Dakota, Harvey Waiver, insurance, types, liability, coverage, indemnity, contractor, construction, project. Introduction: The South Dakota Harvey Waiver is a legal instrument commonly used in the construction industry to transfer certain types of liability and risk from one party to another. Specifically, it allows contractors or construction companies in South Dakota to waive their rights to claim indemnity or hold others responsible for damages or losses that occur during a construction project. This detailed description will shed light on the key aspects of the South Dakota Harvey Waiver, including different types and their significant features. 1. South Dakota Harvey Waiver of Subrogation: This type of waiver is often included within construction contracts to prevent the subcontractor's insurance company from seeking reimbursement or subrogation for damages sustained while working on a project. It essentially protects the contractor from third-party claims and prevents litigation between the contractor and subcontractor if damages occur. 2. South Dakota Harvey Waiver of Liability: This type of waiver typically pertains to the release of liability for bodily injury, property damage, or other losses during a construction project. By signing such a waiver, the party relinquishes their right to sue or hold the other party accountable for any damages that may arise from the project. 3. South Dakota Harvey Waiver of Indemnity: This waiver focuses on indemnification, whereby one party assumes responsibility for financial losses or damages incurred by the other. By signing a South Dakota Harvey Waiver of Indemnity, the party agreeing to the waiver agrees not to seek indemnification from the other party for any losses or damages that might arise from the construction project. Key features and considerations of South Dakota Harvey Waiver: a. Consent: Waivers must be voluntarily and knowingly agreed upon by all parties involved, often in writing or as part of a signed contract. b. Insurance Coverage: The waiver does not absolve parties from maintaining their own insurance coverage. It is essential to have appropriate insurance policies to protect against unforeseen events. c. Limitations: It is crucial to review the waiver's terms to ensure it pertains only to the specific project and does not extend liability beyond the agreed-upon conditions. d. Professional Legal Assistance: Given the complexity of waivers and potential legal implications, seeking advice from an attorney experienced in construction law is highly recommended. Conclusion: The South Dakota Harvey Waiver plays a significant role in shielding contractors and subcontractors from extensive liability and financial risks associated with construction projects. With its various types, including the Harvey Waiver of Subrogation, Waiver of Liability, and Waiver of Indemnity, parties can tailor the agreement to their specific needs. However, it is crucial to understand the intricacies of these waivers, consult legal professionals, and carefully evaluate the terms before entering into any contractual arrangements.
