Potential liability
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Potential liability (by Scott [IN]) May 12, 2019 11:18 AM
       Potential liability (by Frank [NJ]) May 12, 2019 12:28 PM
       Potential liability (by Busy [WI]) May 12, 2019 12:45 PM
       Potential liability (by AllyM [NJ]) May 12, 2019 2:03 PM
       Potential liability (by Robert J [CA]) May 12, 2019 2:49 PM
       Potential liability (by RB [MI]) May 12, 2019 3:21 PM
       Potential liability (by Jeff [CO]) May 12, 2019 3:37 PM
       Potential liability (by S i d [MO]) May 12, 2019 4:51 PM
       Potential liability (by Jeff [CO]) May 12, 2019 5:42 PM
       Potential liability (by Vee [OH]) May 12, 2019 6:37 PM
       Potential liability (by Ken [NY]) May 12, 2019 6:38 PM
       Potential liability (by Small potatoes [NY]) May 12, 2019 6:51 PM
       Potential liability (by JKJ [MA]) May 12, 2019 7:38 PM
       Potential liability (by BRAD 20,000 [IN]) May 13, 2019 1:25 AM
       Potential liability (by Nicole [PA]) May 13, 2019 9:40 AM
       Potential liability (by Wilma [PA]) May 13, 2019 4:42 PM
       Potential liability (by RentsDue [MA]) May 14, 2019 10:16 AM
       Potential liability (by Pmh [TX]) May 16, 2019 6:31 PM
       Potential liability (by Jeff [CO]) May 16, 2019 7:07 PM

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Potential liability (by Scott [IN]) Posted on: May 12, 2019 11:18 AM

Robin's Friday post raised another question for me. What if some beer-for-breakfast, yahoo treecutter hurts himself or does serious property damage while on my job? What would be the potential for liability falling on me? Should LL's require proof of bond and insurance when contracting tree work? --107.141.xx.xxx

Potential liability (by Frank [NJ]) Posted on: May 12, 2019 12:28 PM

YES. See the ins. Binder/declaration page. Also have you phone camera ready to snap a foto

of it along with policy#.

I would then CALL the ins. Company/agent on the policy to verify that the policy is in force.

I did this some years when hiring a roofer. I was suspicious with this guy and called. The policy had expired 3 years earlier. Another had there policy expiring that day.

ALWAYS VERIFY. --174.225.xxx.xxx

Potential liability (by Busy [WI]) Posted on: May 12, 2019 12:45 PM

Absolutely yes. I check for proof of insurance on that stuff. Cheap isn’t always cheap. --70.92.xxx.xxx

Potential liability (by AllyM [NJ]) Posted on: May 12, 2019 2:03 PM

I only hire one tree guy and wait until he is available. He has all the right insurance etc., good people who are not high or drunk. He was small company until hurricane Sandy. Now he has big trucks with buckets. He deserves good fortune. He comes to the job and does not expect me to supervise his crew. --173.61.xxx.xx

Potential liability (by Robert J [CA]) Posted on: May 12, 2019 2:49 PM

As a California Licensed Building Contractor with 6 specialty class licensees and employee's I carry:

a) A License Bond

b) General Liability Insurance

c) Workman's Compensation Insurance

d) When doing a large job for clients that require the order of Special Custom Non-Returnable Materials and asking the client for "Up front funds" -- I can obtain a "Payment" and "Performance" Bonds. This covers the client that all materials and labor will be paid and the Job will be done as stated in the contract.


Potential liability (by RB [MI]) Posted on: May 12, 2019 3:21 PM

Yawn. --184.53.x.xxx

Potential liability (by Jeff [CO]) Posted on: May 12, 2019 3:37 PM

It's amazing to me that landlords use uninsured contractors. --76.120.xx.xx

Potential liability (by S i d [MO]) Posted on: May 12, 2019 4:51 PM

Jeff, I get what you're saying and I used insured contractors almost always. That said, we both know there are a certain class of rental that could not function profitably if everything we're done 100% by the book. There's a notorious LL in my town right now who is getting his rear sure into oblivion, but not by tenants...Rather he quit paying his loans and banks are foreclosing on him.

This guy has been in operation longer than I have and is your textbook definition slum lord. IF he actually fixes anything (rare) it's with someone working under the table and zero licensing or insurance. Yet, when he finally gets taken down where will his 300+ tenants live? The only reason they aren't homeless is he takes them

LL like me do not rent to tenants like his. In a very odd way, they are necessary for each other. If he hired liscensed and insured contractors those folks would have to be kicked out in favor of more reliable tenants, which would just about double the homeless population in my town. It's a weird 2 way street that I have only recently begun to appreciate why it exists and how it works. --173.20.xxx.xxx

Potential liability (by Jeff [CO]) Posted on: May 12, 2019 5:42 PM

Sid,I agree that we don't do everything by the book all the time, but some things should be etched into stone as they are more important.

There is no downside to using insured contractors 100% of the time. It really has nothing to do with the tenants. The risk isn't worth it.

The guy you mentioned has a failing business and only serves as an example of what not to do.


Potential liability (by Vee [OH]) Posted on: May 12, 2019 6:37 PM

You get the info and the 1099 signed with the work to do agreement. --76.188.xxx.xx

Potential liability (by Ken [NY]) Posted on: May 12, 2019 6:38 PM

He probably owes a bunch of taxes and penciled it out,he stopped paying the mortgages on the dumps after he refinanced as many as he could,he is collecting rents and putting it in his pocket,he will eventually file bankruptcy with a couple million or more in his pocket,failing business? I doubt it,he gets the last laugh is my bet,failing on purpose is more like it --72.231.xxx.xxx

Potential liability (by Small potatoes [NY]) Posted on: May 12, 2019 6:51 PM

Trees roofs and major projects all require insurance. I am getting bids on a retaining wall and one guy says he had ins. I said name me as additional insured on liability policy due project. He didn't know what that meant. I said your broker /Co will. He asked me why do you need to be listed. I said in case a storm comes and the embankment washed out n takes the garage and driveway w it. He texted me that they said I can't be in his policy and he wouldn't work on on my wall. I said no problem and sent him photo of me listed as additional ins. On a roofer policy. Tell him even if we don't do business it might help him stand out in the marketplace. Didn't hear peep. Makes me think he didn't have ins. --99.203.xx.xxx

Potential liability (by JKJ [MA]) Posted on: May 12, 2019 7:38 PM

ABSOLUTELY, if they are working on your property they should be bonded and insured. We had big problems with this a few years ago in MA when we had a ton of snow. People were hiring guys off craigslist or what have you to shovel roofs that weren’t insured, some of them fell off and the home owners that hired them were on the hook. --174.199.xx.xxx

Potential liability (by BRAD 20,000 [IN]) Posted on: May 13, 2019 1:25 AM

When does a tree man become an employee?

Before the ambulance arrives to sew his arm back on.

(A friend in Bible Study cut off his own arm with a chainsaw. He carried it to the ER and amazingly they sewed it back on. He wears long sleeve shirts.

BRAD --73.102.xxx.xxx

Potential liability (by Nicole [PA]) Posted on: May 13, 2019 9:40 AM

I agree w/Sid and Ken above. The guy is just following his long term business plan. Easiest way to view this is to drive through any center city (or five or 6 blocks out from the redeveloped areas) and look at some of the deplorable conditions. Why would anyone chose to live in some of these buildings? Because they have burned EVERY bridge out there and no one else will rent to them.

The true slum lords in my area also know what they are doing and have successful businesses. It takes an entirely different mind set to run this business but it's profitable for those who do have the time, energy and systems in place.


Potential liability (by Wilma [PA]) Posted on: May 13, 2019 4:42 PM

Yes, always be sure that they carry insurance themselves, and if it's a thing in your state, are licensed/bonded.

Also ask to see the certificate ahead of time, and note who is insured. We hired a guy, who sent two guys to do the job. I looked at the certificate after they'd started, and discovered that only the boss was covered - who wasn't even there.

Won't do that again! --71.175.xxx.xxx

Potential liability (by RentsDue [MA]) Posted on: May 14, 2019 10:16 AM

Very important- just because he has insurance doesn’t mean he covers himself. A lot of these contractors get a policy that covers their “ employees” but they exclude themselves. Then they pay their employees cash ( or don’t have employees ) and only end up paying about $500.00 a year for a policy that technically covers nobody. It’s legal . If they include themselves on the policy the yearly cost is about $4000.00. When they get hurt they go after the homeowner who accepted the policy. There is a box right on the certificate of insurance that get checked if they have excluded themselves. --174.199.x.xx

Potential liability (by Pmh [TX]) Posted on: May 16, 2019 6:31 PM

Jeff CO said it succinctly. I will be succinct also. a LL is an idiot to do so. --70.116.xxx.xx

Potential liability (by Jeff [CO]) Posted on: May 16, 2019 7:07 PM

Well said, Pmh. I when I read threads like this I just laugh and shake my head. It's bizarre enough for a landlord to blur the relationship by having the tenants work on the property, but it's just as crazy to assume the risk of using uninsured workers.

What's really wild are are responses here in which folks are on board with this kind of nonsense. They have no idea.

I have been given some great advice on this site, and I have seen a huge number of posts that show what NOT to do.

This thread is one of the later. Wow... --76.120.xx.xx

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