Go Back   DIY Chatroom Home Improvement Forum > DIY Repair > General DIY Discussions

CLICK HERE AND JOIN OUR COMMUNITY TODAY...IT'S FREE!

Reply
 
Thread Tools Search this Thread Display Modes
Old 11-06-2011, 03:36 AM   #1
Newbie
 
Join Date: Nov 2011
Posts: 3
Rewards Points: 10
Default

Accident with a Sole trader working for cash at my house


Hi guys

I'm new and i need an opinion from a professional painter.

Basically we had an incident today where we hired a painter who claims to have experience in painting roofs.

however this is a CASH agreement..with no contracts.


The long and the short of it is... he put one leg through the asbestos roof sheet (not the part of the house but the laundry area.)
when he slipped, he dropped a hand held tub of roof paint (possibly acrylic based) it went EVERYWHERE!

on my car also.. took me 1 hour to clean/wash it.. got most of it off...
but the walls on the house need to be recoated.



we had a huge argument when after the job he demanded his payment and DID NOT admit to any faults to rectifying the problem caused and said it was "your roof" .."your roof was already faulty"

is it in our right ..for him to rectify this?

thanks in advance guys

wowzers is offline   Reply With Quote
Old 11-06-2011, 05:39 AM   #2
Member
 
Tom Struble's Avatar
 
Join Date: Dec 2008
Location: west milford n.j.
Posts: 2,785
Rewards Points: 2,000
Default

Accident with a Sole trader working for cash at my house


he probably has no insurance and no way to rectify your problem

be happy he hasn't sued you...yet

Tom Struble is offline   Reply With Quote
The Following User Says Thank You to Tom Struble For This Useful Post:
Bud Cline (11-07-2011)
Old 11-06-2011, 05:43 AM   #3
DIY staff
 
Join Date: Sep 2009
Location: Kane county,Illinois
Posts: 21,911
Rewards Points: 2,470
Default

Accident with a Sole trader working for cash at my house


You may want to eat this---your roof failed and sent this guy into a spin---ask yourself how this will sound in front of a jury.

If your roof failure was not the fault of the worker---pay him.
__________________
New members: Adding your location to your profile helps in many ways.--M--
oh'mike is online now   Reply With Quote
The Following User Says Thank You to oh'mike For This Useful Post:
Bud Cline (11-07-2011)
Old 11-06-2011, 05:45 AM   #4
the Musigician
 
DangerMouse's Avatar
 
Join Date: Jul 2008
Location: I'm right here!
Posts: 10,404
Rewards Points: 2,000
Default

Accident with a Sole trader working for cash at my house


Quote:
Originally Posted by Tom Struble View Post

be happy he hasn't sued you...yet
My thoughts exactly!

Why would he admit to something that was in no way his fault???

DM
__________________
[SIGPIC][/SIGPIC]Click here to see some of my original magic tricks and trick boxes!
DangerMouse is offline   Reply With Quote
Old 11-06-2011, 05:47 AM   #5
the Musigician
 
DangerMouse's Avatar
 
Join Date: Jul 2008
Location: I'm right here!
Posts: 10,404
Rewards Points: 2,000
Default

Accident with a Sole trader working for cash at my house


...and.... asbestos = ???? roofing felt? what was under it? rotted OSB?
...and.... PAINTING a ROOF? with latex????? huh?????

DM
__________________
[SIGPIC][/SIGPIC]Click here to see some of my original magic tricks and trick boxes!
DangerMouse is offline   Reply With Quote
Old 11-06-2011, 07:06 AM   #6
Old School
 
Willie T's Avatar
 
Join Date: Jan 2009
Location: St. Petersburg, FL Minds of moderate caliber ordinarily condemn everything which is beyond them.
Posts: 3,634
Rewards Points: 2,000
Default

Accident with a Sole trader working for cash at my house


Anyone EVER going to finally get smart enough to check on licensing and insurance before clambering to hire the cheapest guy they can find on Craig's List?
__________________
"True eloquence consists in saying all that is necessary, and only that which is."
François Duc de La Rochefoucauld
Willie T
Willie T is offline   Reply With Quote
The Following 4 Users Say Thank You to Willie T For This Useful Post:
chrisBC (11-08-2011), chrisn (11-06-2011), gregzoll (11-07-2011), oh'mike (11-06-2011)
Old 11-07-2011, 12:21 AM   #7
Newbie
 
Join Date: Nov 2011
Posts: 3
Rewards Points: 10
Default

Accident with a Sole trader working for cash at my house


Quote:
Originally Posted by Tom Struble View Post
he probably has no insurance and no way to rectify your problem

be happy he hasn't sued you...yet

care to explain why?
wowzers is offline   Reply With Quote
Old 11-07-2011, 12:42 AM   #8
JOATMON
 
ddawg16's Avatar
 
Join Date: Aug 2011
Location: S. California
Posts: 7,526
Rewards Points: 2,394
Default

Accident with a Sole trader working for cash at my house


Quote:
Originally Posted by wowzers View Post
care to explain why?
Oh boy......if you don't know why, your in trouble.

Basically....if someone gets hurt on your property....your on the hook. That is why "licensed contractors" have insurance....to protect themselves from accidents.

An example....your hire a day worker to do remove a concrete driveway. He hurts his back......guess what....your on the hook for his medical bills.

I would be willing to bet that by now your 'painter' has already hired a lawyer. I hope your home owners insurance is in order.

This is a perfect example as to why we have the contractor license laws we do.....
__________________
"The dream is free but the hustle is sold separately."

My 2-Story Addition Build in Progress Link ... My Garage Build Link and My Jeep Build Link
ddawg16 is offline   Reply With Quote
The Following User Says Thank You to ddawg16 For This Useful Post:
Tom Struble (11-07-2011)
Old 11-07-2011, 06:45 AM   #9
Member
 
Join Date: Mar 2007
Location: Long Island, NY
Posts: 9,519
Rewards Points: 2,000
Default

Accident with a Sole trader working for cash at my house


Quote:
Originally Posted by wowzers View Post
care to explain why?
Which issue?
Insurance?
Suing?
Cleanup?
__________________
Ron
"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
B. Franklin 1759
Ron6519 is offline   Reply With Quote
Old 11-07-2011, 06:58 AM   #10
DIY staff
 
Join Date: Sep 2009
Location: Kane county,Illinois
Posts: 21,911
Rewards Points: 2,470
Default

Accident with a Sole trader working for cash at my house


When you hire a contractor with proper insurance you are a customer.

When you hire someone or even invite a friend over to give you a hand---You are now the 'employer'

Making you responsible for---ruined product---property damage---and injury.

You are the boss----You would have made a profit on the employee if all went well and must cover all losses if the job goes in the dumper.

This one went into the dumper----Pay him---give him a tip---thank him and wish him the best.

With that he might not want to get even and suddenly develop a bad back.
__________________
New members: Adding your location to your profile helps in many ways.--M--
oh'mike is online now   Reply With Quote
The Following User Says Thank You to oh'mike For This Useful Post:
Snav (11-07-2011)
Old 11-07-2011, 07:33 AM   #11
Member
 
Join Date: Aug 2010
Location: port st lucie, florida
Posts: 447
Rewards Points: 256
Default

Accident with a Sole trader working for cash at my house


Quote:
Originally Posted by wowzers View Post
Hi guys

I'm new and i need an opinion from a professional painter.

Basically we had an incident today where we hired a painter who claims to have experience in painting roofs.

however this is a CASH agreement..with no contracts.


The long and the short of it is... he put one leg through the asbestos roof sheet (not the part of the house but the laundry area.)
when he slipped, he dropped a hand held tub of roof paint (possibly acrylic based) it went EVERYWHERE!

on my car also.. took me 1 hour to clean/wash it.. got most of it off...
but the walls on the house need to be recoated.



we had a huge argument when after the job he demanded his payment and DID NOT admit to any faults to rectifying the problem caused and said it was "your roof" .."your roof was already faulty"

is it in our right ..for him to rectify this?

thanks in advance guys
You didn't tell him to watch out for that defective roof ?? Wonder who put that up ? I would pay him you are at fault all the way bad roof which caused all of that. The fellow didn't know so pay him . I would sue you in a min. for that bad roof you forgot to tell me about. Even if he was a pro with insurance i bet he would have some word's in court also. I would pay and forget all about it untell the sheffif come knocking at the door with the summon's. Maybe not ??
del schisler is offline   Reply With Quote
Old 11-07-2011, 02:25 PM   #12
Coconut Pete's paella!
 
CoconutPete's Avatar
 
Join Date: Jan 2010
Location: Charlotte, NC / Denmark
Posts: 1,318
Rewards Points: 500
Default

Accident with a Sole trader working for cash at my house


Quote:
Originally Posted by DangerMouse View Post
...and.... asbestos = ???? roofing felt? what was under it? rotted OSB?
...and.... PAINTING a ROOF? with latex????? huh?????

DM
Thanks. I was saying the same thing out loud.
CoconutPete is offline   Reply With Quote
Old 11-07-2011, 02:34 PM   #13
Pro Flooring Installer
 
rusty baker's Avatar
 
Join Date: Feb 2009
Location: SW Missouri
Posts: 3,927
Rewards Points: 2,124
Default

Accident with a Sole trader working for cash at my house


In some states, such as Missouri, a self-employed person can be made to carry workman's comp but it won't cover them. The way the law is set up, you can cover employees but not yourself. In that case, you are still liable if the worker gets hurt and he works for and by himself.
__________________
The ads in my post are there without my permission. I do not endorse any of the products.
Semi-Retired Installer
Installing since 1973
rusty baker is offline   Reply With Quote
Old 11-07-2011, 02:55 PM   #14
Member
 
Tom Struble's Avatar
 
Join Date: Dec 2008
Location: west milford n.j.
Posts: 2,785
Rewards Points: 2,000
Default

Accident with a Sole trader working for cash at my house


actually you always have a ''right'' to sue,whether you are covered by wc or not
Tom Struble is offline   Reply With Quote
Old 11-07-2011, 03:16 PM   #15
Mold!! Let's kill it!
 
Join Date: Feb 2008
Location: Central Pennsylvania
Posts: 2,849
Rewards Points: 2,012
Default

Accident with a Sole trader working for cash at my house


Did the guy you hired present himself as a business man? The payment arrangements are irrelevant. If he presented himself as a business man/painter and took on the job, shame on him for not knowing the pitfalls of the job he was taking on. He has a professional responsibilty to evaluate his working conditions before he starts. You don't say that he was injured on the property so that's irrelevant. The fact is he caused damage during the course of the work he agreed to perform. I assume that he has no liability insurance to protect you or him. Shame on you for not checking and verifying that before he started work. On the other hand, if you hired some schmuck off the street to paint knowing full well that he was not in business, then you assumed the risk as soon as he walked on the property. In that case, minimize your losses and move on. This is just the kind of BS that clogs up our legal system everyday and makes lawyers rich.

Maintenance 6 is offline   Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Cape Cod Style House Attic/Crawl Space Insulation Help Danielg Insulation 24 05-21-2012 08:20 AM
Connecting main house to guest house... hlavine Building & Construction 31 03-28-2012 09:04 AM
200 Amp service really needed for a 830 sq ft house? overkill? alexz Electrical 7 11-16-2009 05:54 PM
Patio roof to house attachment question mikemobile Building & Construction 1 09-30-2008 07:51 AM
Complete AC installation in Old Capitol Hill Row House jacko10 HVAC 0 09-18-2007 05:42 PM




Top of Page | View New Posts

Copyright © 2003-2014 Escalate Media. All Rights Reserved.