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Q: Need a contract ( No Answer,   4 Comments )
Question  
Subject: Need a contract
Category: Business and Money > Small Businesses
Asked by: panda1-ga
List Price: $25.00
Posted: 08 Nov 2006 13:08 PST
Expires: 08 Dec 2006 13:08 PST
Question ID: 781138
I have a guy that does work on all my homes. Hes not a contractor but
he hires his guys to help him and they fix up my homes that I
purchase. I need something stating that I am not responsible for his
crew if they get hurt or something and that I have no legal ties to
this so that if anything ever happened I couldn't get sued. I need to
know the name of the contract I need as well as a direct link to it. 
Thanks!

Request for Question Clarification by pinkfreud-ga on 08 Nov 2006 13:16 PST
Where do you live? 
(Not your address, just city / state or province / nation).

Clarification of Question by panda1-ga on 08 Nov 2006 13:29 PST
Hattiesburg Mississippi

Request for Question Clarification by pinkfreud-ga on 08 Nov 2006 13:37 PST
Does this man who is hiring workers have Workers' Compensation or
other insurance on them?

Clarification of Question by panda1-ga on 08 Nov 2006 15:58 PST
I don't know. I was just going to get him so sign something rather he
did or not making it HIS responsibility for HIS workers.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Need a contract
From: pinkfreud-ga on 08 Nov 2006 13:43 PST
 
This might be of interest:

http://industry.injuryhelpline.com/index.rwl?category=overviews&article=owners+liability+for+workers+injuries+in+construction+accidents&id=5
Subject: Re: Need a contract
From: panda1-ga on 08 Nov 2006 18:25 PST
 
yes its of interest but I still need the contract. Thanks.
Subject: Re: Need a contract
From: daniel2d-ga on 09 Nov 2006 00:15 PST
 
What you need to protect yourself is to require him to carry workman's
comp insurance and for you to carry insurance also.  No matter what a
contract says the workers can sue you directly - they are not a party
to the contract between you and your contractor friend.
Subject: Re: Need a contract
From: ubiquity-ga on 09 Nov 2006 05:39 PST
 
The dude above is correct.
You can disclaim your liability to any third persons.  You can have
the guy sign an indemnification agreement. (i.e. if anything happens
and you get suited, he will cover your losses and costs), but that is
only good to the extent to which he is able to pay.  If you are sued
for $1 million and he does not have that much, you are still on the
hook.

You better bet is to try to get the workers (though this wont be easy
and you will have to comepnsate them accordingly) to sign an agreement
freeing you of liability.  Though it will have language that you are
still responsible for gross negligence, recklessness or intentional
acts. ( so as to not be unconscionable)

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