*
In the past I have used a GC/licensed contractor for large projects. However, I have a smaller job and want to hire a “handyman” for a one or two day project. He has done good work in our neihborhood moonlighting from his regular job. He will work on weekends — and will need to use a ladder in some of the work. He says he has “supplemental insurance” and will be covered for any accident or injury. He also says he will sign a waiver to ensure we are not liable.I live in Florida. Can anyone tell me if this makes sense and/or what the waiver should say?Thanks.
Discussion Forum
Discussion Forum
Up Next
Video Shorts
Featured Story
Fine Homebuilding's editorial director has some fun news to share.
Highlights
"I have learned so much thanks to the searchable articles on the FHB website. I can confidently say that I expect to be a life-long subscriber." - M.K.
Replies
*
Joseph Fusco
View Image
*Oliver,If you hire us to work on your house and someone gets hurt, I have insurance to protect "myself" and my crew. It's not your problem. If I have no insurance, is it your problem or mine?I don't know why it would be your problem if I hurt myself or not, but this is a wild and law suit crazy world. I'm not sure if any "document" would protect you from a law suit or not, but if you have any friends in the legal business, I'd be interested in what they had to say on the subject.Believe me, I'm not one to run to a laywer, but if you want to know where you stand.....Ed. Williams
*If he has the proper insurance he should be able to provide you with a Certificate of Insurance. The certificate will name you (name and address) as the certificate holder. This is a very common thing when dealing with contractors/subcontractors. The certificate is provided by his insurance carrier and basically, all it does is prove that he has insurance and shows what coverages he has. These are provided to homeowners as well as general contractors. In my state a contractor/subcontractor need not have workman's comp unless he has more than 2 employees.
*Check your insurance carrier. My policy automatically covers casual employees like a baby sitter, handyman, etc. But, like the previous folks have pointed out whether your policy covers him or not it would be wise to get the insurance certificate.
*Your homeowner's insurance very likely includes liability insurance that applies to such an injury. This protects you when someone comes to read the gas meter, or work on the A/C, or comes to a party at your house, etc. Make sure, and make sure it is enough.A couple of reasons you might be liable if he injures himself are (1) he might be deemed your employee or (2) you might have created the hazard that injured him. Even if he has insurance that indemnifies you, you may be liable for an injury in excess of the policy amount. I really doubt a waiver would hold up here, or else such waivers would become routine.Speak to your insurance company at a minimum. Odds are you have nothing to worry about ... but if an accident happens you will regret it.P.S. Hi Fred. Guess we were writing at the same time.
*Oliver You do not have to be a licensed contractor to carry liability insurance or workmens compensation. When I hire a subcontractors they send me a certificate of insurance and a copy of their workmen compensation policy. This protects me as the contractor. In a sense, you will be the contractor of your job. If I pay them by the hour, then they are employees and I have to cover them, the same would hold true for you. If your handyman gives you a contract price and you conclude that he is an independent contractor and thus you are not liable, the state could nail you for hiring an unlicensed contractor. Take Mr. Fusco advice, hire someone who is licensed and insured. In the event something happens and there is an injury, there will be insurance to take care of it. Also, by using a licensed contractor, if something happens to your home, you have some recourse other than this handyman walking away saying he's sorry. There are plenty of small contractors who actually put on a tool belt and work. This is not a solicitation for work, but it sure does get old hearing about how this handyman screwed up and why is it costing so much to fix.
*
I am the "Handy Man" of Sunset Boulevard in California. Though Florida is another state I know maintaining a residence anywhere is a challenge that requires more than a "Licensed general contractor" is customarily prepared to offer.
I think Oliver's idea of hiring the man that has done good work in the neighborhood is a good one. I think he should check his home owners policy to be sure it would cover his employee in the unlikely event of an accident. And discuss specifically the safe use of the ladder (how it should best be tied off and positioned to reach the work)
I bet Oliver would have done this project himself ten years ago for, say, half the hourly wage he's willing to pay to have it done now and not even considered the risk. As time goes on he'll have more projects he'll want taken care of by someone he knows and not whoever shows up when he opens the yellow pages.
Don't get me wrong, I think good contractors are good. I work with the best. They are no substitute for the hourly employee who has known his boss for years and makes sure the "Licensed contractors" get the job done by doing the work that needs to be done, before he gets there, after he leaves, and until he gets back. Every day, I climb ladders for people I work for and tell them what I find. If we think I can safely and efficiently get the job done, I do it. If we decide there is a contractor we know that can do the work more efficiently we call them. They all will tell you I'm worth the risk!
*
In the past I have used a GC/licensed contractor for large projects. However, I have a smaller job and want to hire a "handyman" for a one or two day project. He has done good work in our neihborhood moonlighting from his regular job. He will work on weekends -- and will need to use a ladder in some of the work. He says he has "supplemental insurance" and will be covered for any accident or injury. He also says he will sign a waiver to ensure we are not liable.I live in Florida. Can anyone tell me if this makes sense and/or what the waiver should say?Thanks.
*
In Response To Handyman Schenck. You might want to re-read my opening sentence. "You do not have to be a license contractor to carry liability insurance or workmens compensation." That's right a self-employed handyman can carry his own insurance.