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#1
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Contractor question - workman's compensation
I've made arrangements to have my water main replaced by a licensed
plumbing contractor in CA. I just met him last night and the work isn't going to start for a week, so I can back out of this if I call him today or tomorrow easily enough. I have another decent bid and I could go with them (a pretty large company). I just looked up his license and he's a sole owner and it says "This license is exempt from having workers compensation insurance; they certified that they have no employees at this time." He said he'd try to hire a tough competent guy to help with the trenching. What happens if that guy is hurt on the job? Am I going to be liable? TIA for information. Dan |
#2
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Contractor question - workman's compensation
Essentially they are both covered by your homeowners policy
"Dan_Musicant" wrote in message ... I've made arrangements to have my water main replaced by a licensed plumbing contractor in CA. I just met him last night and the work isn't going to start for a week, so I can back out of this if I call him today or tomorrow easily enough. I have another decent bid and I could go with them (a pretty large company). I just looked up his license and he's a sole owner and it says "This license is exempt from having workers compensation insurance; they certified that they have no employees at this time." He said he'd try to hire a tough competent guy to help with the trenching. What happens if that guy is hurt on the job? Am I going to be liable? TIA for information. Dan |
#3
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Contractor question - workman's compensation
Dan_Musicant wrote:
I've made arrangements to have my water main replaced by a licensed plumbing contractor in CA. I just met him last night and the work isn't going to start for a week, so I can back out of this if I call him today or tomorrow easily enough. I have another decent bid and I could go with them (a pretty large company). I just looked up his license and he's a sole owner and it says "This license is exempt from having workers compensation insurance; they certified that they have no employees at this time." He said he'd try to hire a tough competent guy to help with the trenching. What happens if that guy is hurt on the job? Am I going to be liable? TIA for information. Dan You need to check with your state. They don't all have the same rules. It has happened around here that the home owner ended up with the bill. -- Joseph Meehan Dia 's Muire duit |
#4
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Contractor question - workman's compensation
On Wed, 03 Jan 2007 12:35:22 -0800, Dan_Musicant
wrote: I've made arrangements to have my water main replaced by a licensed plumbing contractor in CA. I just met him last night and the work isn't going to start for a week, so I can back out of this if I call him today or tomorrow easily enough. I have another decent bid and I could go with them (a pretty large company). I just looked up his license and he's a sole owner and it says "This license is exempt from having workers compensation insurance; they certified that they have no employees at this time." He said he'd try to hire a tough competent guy to help with the trenching. What happens if that guy is hurt on the job? Am I going to be liable? TIA for information. Dan imho: If he states one thing to one official and then another to you, could be truthful? Based on that, you might want to rethink about the situation. Have him furnish paper work proving his current insurances, he might have upgraded since he started working. If not, use common sense. Not a Lawyer, or a legal offical. tom @ www.MeetANewFriend.com |
#5
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Contractor question - workman's compensation
"RBM" rbm2(remove wrote in message ... Essentially they are both covered by your homeowners policy Even more essential, you are screwed if there is a major clam. He should also have liability insurance. |
#6
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Contractor question - workman's compensation
He's probably required to have liability, but if he works alone, isn't
always required "Edwin Pawlowski" wrote in message news:fbVmh.536$Lh.212@trndny09... "RBM" rbm2(remove wrote in message ... Essentially they are both covered by your homeowners policy Even more essential, you are screwed if there is a major clam. He should also have liability insurance. |
#7
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Contractor question - workman's compensation
Sorry, screwed that up. He probably is required to have liability, but if he
works alone, isn't always required to have workers comp "RBM" rbm2(remove wrote in message ... He's probably required to have liability, but if he works alone, isn't always required "Edwin Pawlowski" wrote in message news:fbVmh.536$Lh.212@trndny09... "RBM" rbm2(remove wrote in message ... Essentially they are both covered by your homeowners policy Even more essential, you are screwed if there is a major clam. He should also have liability insurance. |
#8
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Contractor question - workman's compensation
I think you hit the nail on the head, when an accident happens, everyone
gets sued wrote in message ... On Wed, 03 Jan 2007 12:35:22 -0800, Dan_Musicant wrote: I've made arrangements to have my water main replaced by a licensed plumbing contractor in CA. I just met him last night and the work isn't going to start for a week, so I can back out of this if I call him today or tomorrow easily enough. I have another decent bid and I could go with them (a pretty large company). I just looked up his license and he's a sole owner and it says "This license is exempt from having workers compensation insurance; they certified that they have no employees at this time." He said he'd try to hire a tough competent guy to help with the trenching. What happens if that guy is hurt on the job? Am I going to be liable? TIA for information. Dan As soon as he hires a guy he is working outside the scope of his license. I am a SP myself and the only way I can hire labor is to get it from another licensed, bonded, insured company unless I want to expose myself to lawyers and possible sanctions from the state. 99% of the time nothing bad really happens and you get away with it but you must be prepared for that 1%. If his labor is also licensed as an SP you have reduced liability but we are in a country where anyone can sue anybody for damn near anything. |
#9
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Contractor question - workman's compensation
On Wed, 3 Jan 2007 15:43:56 -0500, "RBM" rbm2(remove
wrote: :Essentially they are both covered by your homeowners policy Don't have one. I have fire insurance but because my house needs major improvements my insurance broker refuses to write me a general homeowner's policy. Dan :"Dan_Musicant" wrote in message .. . : I've made arrangements to have my water main replaced by a licensed : plumbing contractor in CA. I just met him last night and the work isn't : going to start for a week, so I can back out of this if I call him today : or tomorrow easily enough. I have another decent bid and I could go with : them (a pretty large company). : : I just looked up his license and he's a sole owner and it says "This : license is exempt from having workers compensation insurance; they : certified that they have no employees at this time." : : He said he'd try to hire a tough competent guy to help with the : trenching. What happens if that guy is hurt on the job? Am I going to be : liable? : : TIA for information. : : Dan : |
#10
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Contractor question - workman's compensation
That being the case, I would avoid anyone without the full compliment of
insurances "Dan_Musicant" wrote in message ... On Wed, 3 Jan 2007 15:43:56 -0500, "RBM" rbm2(remove wrote: :Essentially they are both covered by your homeowners policy Don't have one. I have fire insurance but because my house needs major improvements my insurance broker refuses to write me a general homeowner's policy. Dan :"Dan_Musicant" wrote in message .. . : I've made arrangements to have my water main replaced by a licensed : plumbing contractor in CA. I just met him last night and the work isn't : going to start for a week, so I can back out of this if I call him today : or tomorrow easily enough. I have another decent bid and I could go with : them (a pretty large company). : : I just looked up his license and he's a sole owner and it says "This : license is exempt from having workers compensation insurance; they : certified that they have no employees at this time." : : He said he'd try to hire a tough competent guy to help with the : trenching. What happens if that guy is hurt on the job? Am I going to be : liable? : : TIA for information. : : Dan : |
#11
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Contractor question - workman's compensation
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#12
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Contractor question - workman's compensation
"Dan_Musicant" wrote in message ... I've made arrangements to have my water main replaced by a licensed plumbing contractor in CA. I just met him last night and the work isn't going to start for a week, so I can back out of this if I call him today or tomorrow easily enough. I have another decent bid and I could go with them (a pretty large company). I just looked up his license and he's a sole owner and it says "This license is exempt from having workers compensation insurance; they certified that they have no employees at this time." He said he'd try to hire a tough competent guy to help with the trenching. What happens if that guy is hurt on the job? Am I going to be liable? TIA for information. Dan Good grief, Dan! I hate the words "should" and "probably" and the likes. With all the frivolous litigations going on, your state being one of the leaders, (no offense), why would you want to even mess with someone you have any doubts about? To save some money perhaps? Imagine the worst thing that can happen. Someone gets killed. You think ANYONE is going to give you a walk? I doubt it. Take everything you own. Pile it in the house. Spread five gallons of gas on it. If there is an accident, that's what's gonna happen to all your stuff. Insist that your CONTRACTOR'S INSURANCE CARRIER send DIRECTLY TO YOU a copy of their current in force policy. Don't accept it from your contractor, as they can be and are faked easily. This is a big deal. Do it right. Your ass is the only one on the line you should be concerned about. Steve |
#13
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Contractor question - workman's compensation
"Dan_Musicant" wrote in message ... I've made arrangements to have my water main replaced by a licensed plumbing contractor in CA. I just met him last night and the work isn't going to start for a week, so I can back out of this if I call him today or tomorrow easily enough. I have another decent bid and I could go with them (a pretty large company). I just looked up his license and he's a sole owner and it says "This license is exempt from having workers compensation insurance; they certified that they have no employees at this time." He said he'd try to hire a tough competent guy to help with the trenching. What happens if that guy is hurt on the job? Am I going to be liable? TIA for information. Dan I read all the post to date. To answer your question. Maybe. If he hires another licensed insured contractor and they both waive worker-comp rights in the interest to freely contract for work under the uniform commercial code. Then where I am your butt would be covered. In the People Republic of CA, I don't have a clue. By the same measurement, here, if he hired an unlicensed person without your consent or knowledge you would be covered. Since you do not have a homeowner's policy to fall back on, I suggest you proceed with extreme caution and CYA. Colbyt |
#14
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Contractor question - workman's compensation
If you value your house
do not hire uninsured contractors if they get hurt on your property (with no homeowners insurance) they will sue you for your property. or let them do the job and fire them before they hit the ground (while falling). I would cancel the contract within 3 days. Hire someone reputable with all insurances. "Dan_Musicant" wrote in message ... | On Wed, 3 Jan 2007 15:43:56 -0500, "RBM" rbm2(remove | wrote: | | :Essentially they are both covered by your homeowners policy | | Don't have one. I have fire insurance but because my house needs major | improvements my insurance broker refuses to write me a general | homeowner's policy. | | Dan | | :"Dan_Musicant" wrote in message | .. . | : I've made arrangements to have my water main replaced by a licensed | : plumbing contractor in CA. I just met him last night and the work isn't | : going to start for a week, so I can back out of this if I call him today | : or tomorrow easily enough. I have another decent bid and I could go with | : them (a pretty large company). | : | : I just looked up his license and he's a sole owner and it says "This | : license is exempt from having workers compensation insurance; they | : certified that they have no employees at this time." | : | : He said he'd try to hire a tough competent guy to help with the | : trenching. What happens if that guy is hurt on the job? Am I going to be | : liable? | : | : TIA for information. | : | : Dan | : | |
#15
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Contractor question - workman's compensation
"wildo" wrote in message
... If you value your house do not hire uninsured contractors if they get hurt on your property (with no homeowners insurance) they will sue you for your property. or let them do the job and fire them before they hit the ground (while falling). I would cancel the contract within 3 days. Hire someone reputable with all insurances. It's not always possible to get worker's comp insurance. For example, here in Georgia no one writes worker's comp for sole proprieters. |
#16
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Contractor question - workman's compensation
Dan_Musicant wrote:
I've made arrangements to have my water main replaced by a licensed plumbing contractor in CA. I just met him last night and the work isn't going to start for a week, so I can back out of this if I call him today or tomorrow easily enough. I have another decent bid and I could go with them (a pretty large company). I just looked up his license and he's a sole owner and it says "This license is exempt from having workers compensation insurance; they certified that they have no employees at this time." He said he'd try to hire a tough competent guy to help with the trenching. What happens if that guy is hurt on the job? Am I going to be liable? TIA for information. Dan You might not be liable, but that might not be determined until someone sues and you litigate. I am all for hiring contractors who are equipped to do the job, which means adequate tools and equipment. A contractor who has to "try to hire a tough competent guy" is not equipped to do your work. There is a big difference between cheap and economical, and some folks never figure out the difference. We had a painter hired by our condo assn. to do some small exterior paint jobs. He knocked on my door and asked to borrow a paint brush! He hit up another resident for lunch money! I, personally, would not bid on a job I was not prepared to complete. Life is too short. There is probably a contractor with a fleet of trucks and a yard full of heavy equipment. Why not hire the folks with experience? |
#17
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Contractor question - workman's compensation
On Thu, 4 Jan 2007 03:59:29 -0500, "wildo"
wrote: :If you value your house :do not hire uninsured contractors :if they get hurt on your property (with no homeowners insurance) they :will sue you for your property. r let them do the job and fire them before they hit the ground (while :falling). : :I would cancel the contract within 3 days. :Hire someone reputable with all insurances. I didn't sign anything. It was a handshake deal and we agreed that unless I call and cancel (within a day or two), he'd just assume the deal was on and he'd show up next Wednesday (6 days away now). I called him last night and left a message that there is something I have to ask him. He hasn't returned the call (it's about 18 hours later). I have a mind to call the company who is doing my sewer laterals and ask if they'll do the job the way I want it done and just go with them. They've treated me very well, all in all, I feel. Then I'll call this uninsured guy and just say I have to pass on it. Thanks. |
#18
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Contractor question - workman's compensation
On Thu, 04 Jan 2007 12:16:19 GMT, Norminn wrote:
an_Musicant wrote: : I've made arrangements to have my water main replaced by a licensed : plumbing contractor in CA. I just met him last night and the work isn't : going to start for a week, so I can back out of this if I call him today : or tomorrow easily enough. I have another decent bid and I could go with : them (a pretty large company). : : I just looked up his license and he's a sole owner and it says "This : license is exempt from having workers compensation insurance; they : certified that they have no employees at this time." : : He said he'd try to hire a tough competent guy to help with the : trenching. What happens if that guy is hurt on the job? Am I going to be : liable? : : TIA for information. : : Dan : :You might not be liable, but that might not be determined until someone :sues and you litigate. I am all for hiring contractors who are equipped :to do the job, which means adequate tools and equipment. A contractor :who has to "try to hire a tough competent guy" is not equipped to do :your work. There is a big difference between cheap and economical, and :some folks never figure out the difference. : :We had a painter hired by our condo assn. to do some small exterior aint jobs. He knocked on my door and asked to borrow a paint brush! He :hit up another resident for lunch money! : :I, personally, would not bid on a job I was not prepared to complete. :Life is too short. There is probably a contractor with a fleet of :trucks and a yard full of heavy equipment. Why not hire the folks with :experience? I think this guy pretty much has the experience. The toughest aspect of this job (everything else appears to be very easy) is going to be tunneling under the sidewalk to run copper tubing from the meter under my front lawn. Even the big plumbing company who are doing my sewer laterals said they thought that might be tough. The reason is that the water meter is RIGHT next to a pretty large tree, and there are sure to be roots pretty thick in there. So, they anticipate running directly from the meter AWAY from the tree trunk for a few feet, and THEN under the sidewalk. Still, you can't see what's under there and it could be tough. I asked the uninsured guy how you get pipe under the sidewalk and he described in detail the device used. I didn't ask him if he owns it or is going to borrow or rent it. I think he'd probably do a very good job. I'm just concerned about the insurance angle on this. I don't want to expose myself to risk and as people are saying in this thread, unless I have some solid assurances I should assume I'm taking quite a risk in hiring this guy. His bid is only $100 under the big company's ($2200 vs. $2399), although he says he'll use 3/4" L copper under the house. I may ask the big company if they will do that. Or, I may just accept 3/4" M under there. |
#19
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Contractor question - workman's compensation
On Jan 3, 3:35 pm, Dan_Musicant wrote: I've made arrangements to have my water main replaced by a licensed plumbing contractor in CA. I just met him last night and the work isn't going to start for a week, so I can back out of this if I call him today or tomorrow easily enough. I have another decent bid and I could go with them (a pretty large company). I just looked up his license and he's a sole owner and it says "This license is exempt from having workers compensation insurance; they certified that they have no employees at this time." He said he'd try to hire a tough competent guy to help with the trenching. What happens if that guy is hurt on the job? Am I going to be liable? You would be, yes. Have the plumber hire a sub and provide the necessary proofs of insurance. Or, hire a general laborer from a temp employment agency (some of them specialize in construction help). Then the temp agency has the necessary workmen's comp covered. Still get proof. R |
#20
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Contractor question - workman's compensation
On 4 Jan 2007 14:35:14 -0800, "RicodJour"
wrote: : : :On Jan 3, 3:35 pm, Dan_Musicant wrote: : I've made arrangements to have my water main replaced by a licensed : plumbing contractor in CA. I just met him last night and the work isn't : going to start for a week, so I can back out of this if I call him today : or tomorrow easily enough. I have another decent bid and I could go with : them (a pretty large company). : : I just looked up his license and he's a sole owner and it says "This : license is exempt from having workers compensation insurance; they : certified that they have no employees at this time." : : He said he'd try to hire a tough competent guy to help with the : trenching. What happens if that guy is hurt on the job? Am I going to be : liable? : :You would be, yes. : :Have the plumber hire a sub and provide the necessary proofs of :insurance. Or, hire a general laborer from a temp employment agency some of them specialize in construction help). Then the temp agency :has the necessary workmen's comp covered. Still get proof. : :R I just talked to the plumber and he said he would do just that. Problem is he didn't answer my call for almost 24 hours, so I'd called the other bidder and made arrangements with him instead. It's $100 more, but I know he's properly insured and he will also start the work tomorrow instead of in 6 days. Either one would do the same job using the same materials, as I make out from conversations with them. Dan |
#21
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Contractor question - workman's compensation
clipped
I just talked to the plumber and he said he would do just that. Problem is he didn't answer my call for almost 24 hours, so I'd called the other bidder and made arrangements with him instead. It's $100 more, but I know he's properly insured and he will also start the work tomorrow instead of in 6 days. Either one would do the same job using the same materials, as I make out from conversations with them. Dan No written bid? You saw his proof of insurance? |
#22
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Contractor question - workman's compensation
On Jan 4, 7:35 pm, Dan_Musicant wrote: On 4 Jan 2007 14:35:14 -0800, "RicodJour" wrote: : : :On Jan 3, 3:35 pm, Dan_Musicant wrote: : I've made arrangements to have my water main replaced by a licensed : plumbing contractor in CA. I just met him last night and the work isn't : going to start for a week, so I can back out of this if I call him today : or tomorrow easily enough. I have another decent bid and I could go with : them (a pretty large company). : : I just looked up his license and he's a sole owner and it says "This : license is exempt from having workers compensation insurance; they : certified that they have no employees at this time." : : He said he'd try to hire a tough competent guy to help with the : trenching. What happens if that guy is hurt on the job? Am I going to be : liable? : :You would be, yes. : :Have the plumber hire a sub and provide the necessary proofs of :insurance. Or, hire a general laborer from a temp employment agency some of them specialize in construction help). Then the temp agency :has the necessary workmen's comp covered. Still get proof. : :R I just talked to the plumber and he said he would do just that. Problem is he didn't answer my call for almost 24 hours, so I'd called the other bidder and made arrangements with him instead. It's $100 more, but I know he's properly insured and he will also start the work tomorrow instead of in 6 days. Either one would do the same job using the same materials, as I make out from conversations with them. Dan |
#23
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Contractor question - workman's compensation
On Jan 4, 7:35 pm, Dan_Musicant wrote:
On 4 Jan 2007 14:35:14 -0800, "RicodJour" wrote: : :On Jan 3, 3:35 pm, Dan_Musicant wrote: : I've made arrangements to have my water main replaced by a licensed : plumbing contractor in CA. I just met him last night and the work isn't : going to start for a week, so I can back out of this if I call him today : or tomorrow easily enough. I have another decent bid and I could go with : them (a pretty large company). : : I just looked up his license and he's a sole owner and it says "This : license is exempt from having workers compensation insurance; they : certified that they have no employees at this time." : : He said he'd try to hire a tough competent guy to help with the : trenching. What happens if that guy is hurt on the job? Am I going to be : liable? : :You would be, yes. : :Have the plumber hire a sub and provide the necessary proofs of :insurance. Or, hire a general laborer from a temp employment agency some of them specialize in construction help). Then the temp agency :has the necessary workmen's comp covered. Still get proof. : :R I just talked to the plumber and he said he would do just that. Problem is he didn't answer my call for almost 24 hours, so I'd called the other bidder and made arrangements with him instead. It's $100 more, but I know he's properly insured and he will also start the work tomorrow instead of in 6 days. Either one would do the same job using the same materials, as I make out from conversations with them. Three things, Dan. - The difference between $2200 and $2399 is two hundred bucks, not one hundred bucks. - Contracting businesses may pay their employees, if any, by the hour, but the business itself is run by the day. The return phone call did not come 24 hours later, it came the next day. Unless there is an emergency a next day call is perfectly acceptable in just about everybody's book. The guy is also a sole proprietor which may increase or decrease his response time depending on how busy he is and what juggling he has to do that day. - You've probably burnt a bridge with that sole proprietor. Giving the job to another guy because the first guy returned your call the next day would be considered capricious by many, and he might not appreciate what he considers to be your wasting his time. R |
#24
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Contractor question - workman's compensation
The Streets wrote:
"wildo" wrote in message ... If you value your house do not hire uninsured contractors if they get hurt on your property (with no homeowners insurance) they will sue you for your property. or let them do the job and fire them before they hit the ground (while falling). I would cancel the contract within 3 days. Hire someone reputable with all insurances. It's not always possible to get worker's comp insurance. For example, here in Georgia no one writes worker's comp for sole proprieters. It used to be that way here in Massachusetts, but unless I'm remembering wrongly a few years ago they started letting unincorporated sole proprietors buy it on themselves. And about the same time they let majority owners/officers of businesses opt-out of having to carry it on themselves here. I bet they would issue worker's comp insurance in Georgia if the sole proprietor forms an S-corporation with him/herself as the only employee. That's the way sole proprietors who needed it for customers who required it in order to do business with them used to do it here. Jeff -- Jeffry Wisnia (W1BSV + Brass Rat '57 EE) The speed of light is 1.8*10^12 furlongs per fortnight. |
#25
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Contractor question - workman's compensation
Jeff Wisnia wrote:
The Streets wrote: "wildo" wrote in message ... If you value your house do not hire uninsured contractors if they get hurt on your property (with no homeowners insurance) they will sue you for your property. or let them do the job and fire them before they hit the ground (while falling). I would cancel the contract within 3 days. Hire someone reputable with all insurances. It's not always possible to get worker's comp insurance. For example, here in Georgia no one writes worker's comp for sole proprieters. It used to be that way here in Massachusetts, but unless I'm remembering wrongly a few years ago they started letting unincorporated sole proprietors buy it on themselves. And about the same time they let majority owners/officers of businesses opt-out of having to carry it on themselves here. I bet they would issue worker's comp insurance in Georgia if the sole proprietor forms an S-corporation with him/herself as the only employee. That's the way sole proprietors who needed it for customers who required it in order to do business with them used to do it here. Jeff Insurance needs to be carried by the contractor. Always ask for proof of insurance and proof that you are not responsible for their problems. Workmen's comp isn't the onl insurance available. No insurance, no job. Any contractor should be willing to give you verifiable insurance evidence. Pop` |
#26
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Contractor question - workman's compensation
On Wed, 03 Jan 2007 16:07:37 -0500, Tom The Great
wrote: On Wed, 03 Jan 2007 12:35:22 -0800, Dan_Musicant wrote: I've made arrangements to have my water main replaced by a licensed plumbing contractor in CA. I just met him last night and the work isn't going to start for a week, so I can back out of this if I call him today or tomorrow easily enough. I have another decent bid and I could go with them (a pretty large company). I just looked up his license and he's a sole owner and it says "This license is exempt from having workers compensation insurance; they certified that they have no employees at this time." He said he'd try to hire a tough competent guy to help with the trenching. What happens if that guy is hurt on the job? Am I going to be liable? TIA for information. Dan imho: If he states one thing to one official and then another to you, could be truthful? Based on that, you might want to rethink about the situation. Have him furnish paper work proving his current insurances, he might have upgraded since he started working. If not, use common sense. Not a Lawyer, or a legal offical. tom @ www.MeetANewFriend.com imho: Just thought of something, it is possible that your plumber will 'get' a person from a temp service. I belived they come with their own workman's comp, since the temp help isn't hired, but leased. Kindof. Like I said, get all the paperwork ahead of time, and verify it. tom |
#27
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Contractor question - workman's compensation
On Fri, 05 Jan 2007 04:34:24 GMT, Norminn wrote:
:clipped : : I just talked to the plumber and he said he would do just that. Problem : is he didn't answer my call for almost 24 hours, so I'd called the other : bidder and made arrangements with him instead. It's $100 more, but I : know he's properly insured and he will also start the work tomorrow : instead of in 6 days. Either one would do the same job using the same : materials, as I make out from conversations with them. : : Dan : : :No written bid? You saw his proof of insurance? I got no written bid from the sole proprietor who I cancelled. I did get a written bid from the other company, however I cancelled it about a week ago. Now, I have told them to go ahead with the work, but I asked for a couple of changes in minor details (an extra hose bibb, 3/4" L copper under the house, and an assurance that they will install a bonding jumper at the meter). When I see the guy I talked to I guess I should have him make some notes on my signed bid. They are the same folks who are doing the trenchless sewer lateral replacement for me. I know they're insured. There guys have been around for around 50 years and are a good sized company. The CSLB website says their insurance and bonding is in good standing. Maybe I should ask them for proof of insurance. Is that standard practice when hiring a contractor? Then you call the insurance company and have a conversation? |
#28
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Contractor question - workman's compensation
On 4 Jan 2007 23:13:10 -0800, "RicodJour"
wrote: :On Jan 4, 7:35 pm, Dan_Musicant wrote: : On 4 Jan 2007 14:35:14 -0800, "RicodJour" : wrote: : : : :On Jan 3, 3:35 pm, Dan_Musicant wrote: : : I've made arrangements to have my water main replaced by a licensed : : plumbing contractor in CA. I just met him last night and the work isn't : : going to start for a week, so I can back out of this if I call him today : : or tomorrow easily enough. I have another decent bid and I could go with : : them (a pretty large company). : : : : I just looked up his license and he's a sole owner and it says "This : : license is exempt from having workers compensation insurance; they : : certified that they have no employees at this time." : : : : He said he'd try to hire a tough competent guy to help with the : : trenching. What happens if that guy is hurt on the job? Am I going to be : : liable? : : : :You would be, yes. : : : :Have the plumber hire a sub and provide the necessary proofs of : :insurance. Or, hire a general laborer from a temp employment agency : some of them specialize in construction help). Then the temp agency : :has the necessary workmen's comp covered. Still get proof. : : : :R : : I just talked to the plumber and he said he would do just that. Problem : is he didn't answer my call for almost 24 hours, so I'd called the other : bidder and made arrangements with him instead. It's $100 more, but I : know he's properly insured and he will also start the work tomorrow : instead of in 6 days. Either one would do the same job using the same : materials, as I make out from conversations with them. : :Three things, Dan. :- The difference between $2200 and $2399 is two hundred bucks, not one :hundred bucks. Right, that was a typo and I didn't notice it until I'd already sent it. I thought it a bit silly to correct it with a followup, but I will here since you mention it, and it is a valid point. I meant to type $2300. :- Contracting businesses may pay their employees, if any, by the hour, :but the business itself is run by the day. The return phone call did :not come 24 hours later, it came the next day. Unless there is an :emergency a next day call is perfectly acceptable in just about :everybody's book. The guy is also a sole proprietor which may increase r decrease his response time depending on how busy he is and what :juggling he has to do that day. :- You've probably burnt a bridge with that sole proprietor. Giving the :job to another guy because the first guy returned your call the next :day would be considered capricious by many, and he might not appreciate :what he considers to be your wasting his time. : :R You're right, of course. When I first called him he called me back within about 5 minutes. We had a verbal understanding that I might call him within a day to cancel the job. Thus when I called him 24 hours later and said I had something to ask him, I thought the fact that he didn't return my call for almost another full day somewhat strange. He knew I had another good bid. People in this thread said that with my lack of a basic homeowner's policy I should be "extremely cautious." Also, I feel that the plumbing company that I'm currently dealing with has treated me rather well. Free inspection with camera, considerably underbid the competitors and fixed a very problematical clogged drain for free. Their bid was only $100 more than the sole proprietor, who was evidently uninsured. I didn't feel good cancelling either, to be truthful. Sometimes you can't win. My water main is broken and I'm prevailing upon my neighbors and using their water. It's coming through a couple of hoses and I'm wondering about how safe it is to drink. I tried to be politic with the sole proprietor, and not burn my bridges. Look, we never even signed a bid. It was so informal and the work was to begin more than a week later. The man's busy, and he wasn't put out beyond coming over and looking and talking to me at length about the proposed job. On top of that, he lives close by so his travel wasn't much. I don't think he will refuse to consider me for future work. He doesn't seem like that kind of guy. Still I realize that cancelling the job without having talked to him first doesn't leave me at the top of his list of favorite potential customers. Dan |
#29
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Contractor question - workman's compensation
"Dan_Musicant" wrote in message Maybe I should ask them for proof of insurance. Is that standard practice when hiring a contractor? Then you call the insurance company and have a conversation? Most insurance agents have a standard form they send out for proof of insurance. That is all you should need. |
#30
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Contractor question - workman's compensation
"Edwin Pawlowski" wrote in message . net... "Dan_Musicant" wrote in message Maybe I should ask them for proof of insurance. Is that standard practice when hiring a contractor? Then you call the insurance company and have a conversation? Most insurance agents have a standard form they send out for proof of insurance. That is all you should need. Yes, no, maybe, and definitely. When I was a steel erection contractor, the customer was sent a certificate of insurance DIRECTLY from the agency where I had my policy. It was unacceptable for the contractor to give the customer a "copy" of anything regarding their insurance. It had to come from directly from the agency, or it was not considered valid. That being said, all jurisdictions are not the same. But, something directly from the company who wrote the policy is definitely better than a "copy" that a guy can make up on his home computer. Steve |
#31
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Contractor question - workman's compensation
On Sun, 07 Jan 2007 19:10:30 GMT, "Edwin Pawlowski"
wrote: "Dan_Musicant" wrote in message Maybe I should ask them for proof of insurance. Is that standard practice when hiring a contractor? Then you call the insurance company and have a conversation? Most insurance agents have a standard form they send out for proof of insurance. That is all you should need. imho: That is all you need to 'start'. I've talked to agents that say they get calls from customers asking about their insured, but arent' valid. The work person pays the downpayment, and then never pays any following installments, but still show their summary page. Call, find out. tom @ www.BlankHelp.com |
#32
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Contractor question - workman's compensation
"Steve B" writes:
"Dan_Musicant" wrote in message ... I've made arrangements to have my water main replaced by a licensed plumbing contractor in CA. I just met him last night and the work isn't going to start for a week, so I can back out of this if I call him today or tomorrow easily enough. I have another decent bid and I could go with them (a pretty large company). I just looked up his license and he's a sole owner and it says "This license is exempt from having workers compensation insurance; they certified that they have no employees at this time." He said he'd try to hire a tough competent guy to help with the trenching. What happens if that guy is hurt on the job? Am I going to be liable? TIA for information. Dan Good grief, Dan! I hate the words "should" and "probably" and the likes. With all the frivolous litigations going on, your state being one of the leaders, (no offense), why would you want to even mess with someone you have any doubts about? To save some money perhaps? Imagine the worst thing that can happen. Someone gets killed. You think ANYONE is going to give you a walk? I doubt it. Take everything you own. Pile it in the house. Spread five gallons of gas on it. If there is an accident, that's what's gonna happen to all your stuff. Insist that your CONTRACTOR'S INSURANCE CARRIER send DIRECTLY TO YOU a copy of their current in force policy. Don't accept it from your contractor, as they can be and are faked easily. I know that technically that is the right thing and I would do that for a big project. But do people really do that for every small job? Presumably the liability from a fall is the same whether fixing one shingle or redoing the whole roof? Just it seems to me that it is hard enough sometimes getting someone even without doing that... What happens with so-called "handy men"? Even after spending mega bucks on big projects, my folks who are now getting on in age use a handy man for the small things. Presumably, the same liability would apply if he fell off a ladder or shocked himself, etc. Right? Damn this litigous society. If someone you hired (who defacto is claiming expertise in such services hurts himself), he should be 100% responsible unless you were grossly negligent. Even then, as a professional I would expect him to recognize such dangers in advance and take precautions unless again you were grossly negligent and the dangers were completely hidden and undisclosed. If he chooses not to buy insurance that should be his fault. end of soapbox This is a big deal. Do it right. Your ass is the only one on the line you should be concerned about. Steve |
#33
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Contractor question - workman's compensation
On Thu, 18 Jan 2007 06:10:23 GMT, blueman3333 wrote:
amn this litigous society. If someone you hired (who defacto is :claiming expertise in such services hurts himself), he should be 100% :responsible unless you were grossly negligent. Even then, as a rofessional I would expect him to recognize such dangers in advance :and take precautions unless again you were grossly negligent and the :dangers were completely hidden and undisclosed. If he chooses not to :buy insurance that should be his fault. end of soapbox This makes real sense to me. I eventually went with the fully insured party, a pretty big plumbing company. I could have had the job done for 30% less by uninsured people. I could have had the job done for 5% less by a competent plumber who would have hired an insured helper, if I'd been patient enough. However, I was using the neighbor's water and wanted to get on with the project. I could have called I guy I met recently who would probably have done the work for less than 50% of what I'm paying and he probably isn't insured. However, I'm confident he's no cheat or crook. I'm not one to play it straight all the time but this time I did. People in this NG told me to, so I figured maybe I should. After watching the guys do the work I realize I could have done it all myself. However, hindsight is 20-20, and I didn't know I was capable of the job until I WATCHED it being done from beginning to end, more or less. If I had to have the job done today, I'd do it myself and for around 20% the cost (i.e. materials). I watched them trenching and it looked totally easy. I have the shovels and could have borrowed any other tools needed, although I think I have all those too. Dan |
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