Who's Responsible

[newb]

When being hired out to another contracter for a removal or trim job. Who is responsible for insurance if a cut goes wrong and damage occures? I was hired to climb a Silver Maple betwen two houses yesterday and the thought came up.

 

[newb]

Yes I am licenced, I was hired to do the climb. So he paid me and I gave him a recipt. I feel if I'm being contracted it is the responsibility of who ever secured the job. Thats why he gets the bulk of the money, right?

 

[Ax-man]

I would say that both parties involved would have to carry insurance.

 

[Stumper]

If you do damage as a sub you are responsible, however the chain of responsibility leads straight to the prime contractor. If everything works as it should ,the sub takes care of his responsibility. the prime insures things are fixed satisfactorily, the owner says thank you and everyone goes on with life,. If it goes the path of litigation then either both prime and sub are named in the suit or the the prime is sued and then has to sue the sub if/when he loses/settles if he wishes to recoup his loss.

 

[PTS]

insurance

one of the first thing you get asked when righting a new policy is are you going to do sub contracting. My understanding is that the reason the insurance company wants to know this is that if a sub has a problem in which liability is paid out you as the main contractor could still be liable for the mistake because you contracted with them.

 

[stehansen]

I think you both need insurance. The prime contractor's insurance would have to pay, however they might come after you if they think you were at fault and you want to be covered. Also if the prime contractor's policy is inadaquate to cover the claim then they will come for you and again you want to be covered. Another reason is that if something happens it creates a whole bunch of mail, fedex letters and notices from attorneys, if you have insurance that all goes to them and you can go about your business instead of handling all that stuff.

 

[treesurgeon]

if i subcontracted someone, they would have to have liability over 200,000 and workers compensation. if they carry these then they will be responsible. if you dont, then i have to pay the hefty premium and foot the bill and lawsuit. it makes sense this way.
now a days, everyone involved gets sued.

 

[pbtree]

The insurance is not a bad suggestion, but remember insurance only provides a source of funds - they should not pay unless you are liable.

The question of who is liable is somewhat fluid, an will vary from state to state as well as if there was any contract involved between the primary and the sun contractor...

It may be that the Primary will have to pony up to the customer, but they may have the ability to come after you separately...