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#1
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Hiring uninsured painter
I'm going to hire someone to paint my house and I've received a quote
from a contractor who is licensed, but not currently insured. He says that he was out of the business for a few years and the state licensing board's website says that his co. is exempt from needing w/c insurance since it "has no employees". He mentioned that his crew will consist of two other assistants (who may or may not be insured). I realize that there is a risk in hiring an uninsured contractor, but I was wondering if my liability can be limited through other means, such as having him sign an indemnification letter that I can prepare. Or maybe there's some other type of document I can ask him sign to document that he's an independent contractor, which would limit my liability? He seems like he would do a good job and seems very interested (even a little desperate) to get the job (maybe he's fallen on hard times). I kind of feel a little sorry for him, but I know this is no reason to hire him if the risk is too high. He said no payment required until the job is completed. |
#2
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Hiring uninsured painter
This is the wrong thing to worry about. Does the guy have a good reputation
as a painter? If he's exempt as you say, then your only worry should be the quality of his work. You can cite the website that says he's exempt when you write up a contract. wrote in message oups.com... I'm going to hire someone to paint my house and I've received a quote from a contractor who is licensed, but not currently insured. He says that he was out of the business for a few years and the state licensing board's website says that his co. is exempt from needing w/c insurance since it "has no employees". He mentioned that his crew will consist of two other assistants (who may or may not be insured). I realize that there is a risk in hiring an uninsured contractor, but I was wondering if my liability can be limited through other means, such as having him sign an indemnification letter that I can prepare. Or maybe there's some other type of document I can ask him sign to document that he's an independent contractor, which would limit my liability? He seems like he would do a good job and seems very interested (even a little desperate) to get the job (maybe he's fallen on hard times). I kind of feel a little sorry for him, but I know this is no reason to hire him if the risk is too high. He said no payment required until the job is completed. |
#3
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Hiring uninsured painter
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#4
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Hiring uninsured painter
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#5
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Hiring uninsured painter
Call your insurance agent and see what happens if he hurts himself and
sues you or burns your house down. In my state, your homeowner's policy will cover the the unlicensed painter. If you end up with a claim, your rates will go up--but that is a much smaller risk, then say losing your retirement account. If it were me, I'd hire a uninsured painter, assuming he has good references etc. Not an excavator, plumber, or general contractor, for example, but for a painter? How big is the risk seriously? |
#6
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Hiring uninsured painter
The risk with a uninsured 'painter' comes when one of [his] helpers falls
off the ladder and can't work as a result of the injury. Now, he is hurt on [your] property! He will ultimately sue YOU since the painter he was working for doesn't have a dime or insurance. Also, if the painter decides not to pay his [helpers], they can turn around and sue you for payment. [Although in California the painter is required to have a $12,500 bond to be licensed, which you [the homeowner] can lean on for his failure to perform [or his employee's can also lean on the bond]. -- Zyp "marson" wrote in message oups.com... Call your insurance agent and see what happens if he hurts himself and sues you or burns your house down. In my state, your homeowner's policy will cover the the unlicensed painter. If you end up with a claim, your rates will go up--but that is a much smaller risk, then say losing your retirement account. If it were me, I'd hire a uninsured painter, assuming he has good references etc. Not an excavator, plumber, or general contractor, for example, but for a painter? How big is the risk seriously? |
#7
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Hiring uninsured painter
On Fri, 27 Jul 2007 20:13:16 -0700, "Zephyr" wrote:
The risk with a uninsured 'painter' comes when one of [his] helpers falls off the ladder and can't work as a result of the injury. Now, he is hurt on [your] property! He will ultimately sue YOU since the painter he was working for doesn't have a dime or insurance. I didnt' do it, but that might be a good reason to take pictures of the land around the house every morning. The homeowner still has to do something negligent to be liable. I guess one needs a newspaper in the picture to prove the date it was taken, although it could still be taken later than that. If there really is a special risk and you know aobut it, you should tell them, or you really are negligent. For the same teling them, I guess you coudl tell them in writing and make all three sign it. What, though, could be a special risk that isn't obvious? Also, if the painter decides not to pay his [helpers], they can turn around and sue you for payment. [Although in California the painter is required to have a $12,500 bond to be licensed, which you [the homeowner] can lean on for his failure to perform [or his employee's can also lean on the bond]. |
#8
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Hiring uninsured painter
wrote in message oups.com... I'm going to hire someone to paint my house and I've received a quote from a contractor who is licensed, but not currently insured. He says that he was out of the business for a few years and the state licensing board's website says that his co. is exempt from needing w/c insurance since it "has no employees". He mentioned that his crew will consist of two other assistants (who may or may not be insured). I realize that there is a risk in hiring an uninsured contractor, but I was wondering if my liability can be limited through other means, such as having him sign an indemnification letter that I can prepare. Or maybe there's some other type of document I can ask him sign to document that he's an independent contractor, which would limit my liability? He seems like he would do a good job and seems very interested (even a little desperate) to get the job (maybe he's fallen on hard times). I kind of feel a little sorry for him, but I know this is no reason to hire him if the risk is too high. He said no payment required until the job is completed. Call your broker and ask him if you can add them to your policy on a temporary basis. Years ago I was able to do this in NY when I had several uninsured workers around the house. |
#9
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Hiring uninsured painter
On Jul 27, 11:30 pm, mm wrote:
On Fri, 27 Jul 2007 20:13:16 -0700, "Zephyr" wrote: The risk with a uninsured 'painter' comes when one of [his] helpers falls off the ladder and can't work as a result of the injury. Now, he is hurt on [your] property! He will ultimately sue YOU since the painter he was working for doesn't have a dime or insurance. I didnt' do it, but that might be a good reason to take pictures of the land around the house every morning. The homeowner still has to do something negligent to be liable. I wouldn't be so sure of that. That is true if someone comes on your property as a visitor and trips and falls. However, this is a case where the guy has an uninsured contractor with two "assistants". I would not be surprised to find that the homeowner could be held responsible for workmans comp injuries, where no negligence is required. I guess one needs a newspaper in the picture to prove the date it was taken, although it could still be taken later than that. If there really is a special risk and you know aobut it, you should tell them, or you really are negligent. For the same teling them, I guess you coudl tell them in writing and make all three sign it. What, though, could be a special risk that isn't obvious? Also, if the painter decides not to pay his [helpers], they can turn around and sue you for payment. [Although in California the painter is required to have a $12,500 bond to be licensed, which you [the homeowner] can lean on for his failure to perform [or his employee's can also lean on the bond].- Hide quoted text - - Show quoted text - |
#10
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Hiring uninsured painter
plin,
What you are saying is that he can buy insurance, but he is not required to. I'm not sure that this is true but the fact remains that he is refusing to offer you this protection. Dave M. |
#11
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Hiring uninsured painter
wrote in message oups.com... I'm going to hire someone to paint my house and I've received a quote from a contractor who is licensed, but not currently insured. He says that he was out of the business for a few years and the state licensing board's website says that his co. is exempt from needing w/c insurance since it "has no employees". He mentioned that his crew will consist of two other assistants (who may or may not be insured). I realize that there is a risk in hiring an uninsured contractor, but I was wondering if my liability can be limited through other means, such as having him sign an indemnification letter that I can prepare. Or maybe there's some other type of document I can ask him sign to document that he's an independent contractor, which would limit my liability? He seems like he would do a good job and seems very interested (even a little desperate) to get the job (maybe he's fallen on hard times). I kind of feel a little sorry for him, but I know this is no reason to hire him if the risk is too high. He said no payment required until the job is completed. What's the worst that could happen ........ one of his "assistants" (employees) falls off a ladder, breaks a neck and sues guess who? Steve |
#12
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Hiring uninsured painter
Thanks for the advice, everyone.
I think most of you are right. It's not worth the risk. Most of the quotes I've received in this (reasonable) price range are from uninsured/unlicensed painters or guys who will take shortcuts. Quotes from more professional contractors are about 50% higher, which is a decent chunk of change for me. I thinking about painting the house myself. I'm just trying to get a good idea of how much time I'll have to put into it. It's an average size, single story house with stucco siding and wood trim. I'm thinking 3 to 5 solid days with a couple of friends helping me on the weekend (assuming I rent a good sprayer). 2 coats on everything. Does that sound about right? |
#13
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Hiring uninsured painter
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#14
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Hiring uninsured painter
Plin,
Overly optimistic estimate. The bulk of the work is scraping, cleaning, repairing, caulking. This will take some time. And of course then it will start raining. Consider renting some staging for about a month if you plan to do this after work and on weekends. A coat of tinted primer and two coats of paint sounds good to me. Dave M. |
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