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Old 11-01-2007, 10:49 AM   #16
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Roofing, Labor only ????


Ed the Roofer, it's certainly not the trouble one call would make. I'm not sure I would understand what the insurance company said when I called. For example, they may have coverage but not enough coverage. For that information to be meaningful to me I would need to know what the typical coverage is for a roofing company. Getting the info is no trouble, knowing what it means is the effort part. I own a software company and my insurance coverage is different than that for a roofing company. My employees are not likely to fall off a roof while at work.

This guy was not the cheapest bidder. I always get 3 bids for any job and the one I select is based on gut feeling not price. I wound up getting 6 bids on the plumbing for the remodeling project before I found one that gave me that warm feeling.

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Old 11-01-2007, 10:56 AM   #17
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Roofing, Labor only ????


Just out of my own curiousity, I'd like to know if there's a practical danger of a homeowner getting sued by a roofer who falls off your roof when you've hired him to do that work. Especially in these cases where the signed contract says that the roofer has insurance.

I'm no lawyer, but I just can't see there being any practical liability exposure for the homeowner in this case. What court is going to hear a suit by a roofer who lied about his insurance coverage, fell off the customers roof, and wants the homeowner to pay?

Now, I'm really not arguing with the fact that it's wrong for a roofer to not carry adequate coverage. It's not fair to his workers, it's not fair to his competition who is playing by the rules, and it's not fair to the health care system who will ultimately end up eating the cost of his treatment if he's not covered. BUT, is it really putting the homeowner at grave financial risk as is often repeated here? I personally don't know. I'm just saying that it sounds unlikely to me. Can anyone illuminate the legal reality here?

Thanks, Nate
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Old 11-01-2007, 02:25 PM   #18
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Roofing, Labor only ????


It would not be the contractor suing the homeowner, it would be the injured workers attorney.

They go after whom ever has the most assets and the contractor may be shielded by a corporate shield personally and even if not, then they probably do not have many assets anyways.

The lawyer for the injured worker on the home would also be suing the contractor, but would inevitably go for the party with the most assets.

What if you sign a contract with contractor A, and he subs out the job to contractor B, whom you have never heard of and did not even know would be a subcontractor? The company B may or may not have Work comp insurance on their employees or they may pay them cash to keep them "Off Of The Books" and then it still will wind up being the home owner who is liable. Their HO insurance policy does not typically cover such workers unless you add on a rider to the policy. So the home owners personal assets are at stake.

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Old 11-01-2007, 03:47 PM   #19
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Roofing, Labor only ????


I understand the theory, I'm just wondering whether this is a real-world scenario.
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Old 11-01-2007, 03:54 PM   #20
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Roofing, Labor only ????


When a guy slips off of a roof and is not covered by work comp insurance, would you like to be the one to find out.

I have heard of this many times in consumer beware articles and postings on various forums.

Why don't people heed this advice?

They fight it and hope everything goes okay, but what if you are that 1/1,000 that it may occur to?

It is so simple and logical and easy to verify.

Ed
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Old 11-01-2007, 08:11 PM   #21
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Roofing, Labor only ????


First let me state I am not a lawyer. But I think Ed the Roofer is spot on. I would be the one sued if a worker fell off the roof and his/her employer did not have workmans comp. insurance. But since the injury occurred on my property, my home owners insurance policy would cover the expense up to my liability limit and also fight the case in court. I carry a high liability limit on my homeowner's insurance policy and I would recommend that everyone carry a high limit. The additional cost is very small. I do the same with my auto insurance.

I could call the roofing company's insurance co. and verify his coverage and still be sued if he happened to use a day worker that day who was not covered.

Another point: If I hire contractor A for the roofing job and he subs it out to contractor B, and I pay contractor A and A does not pay B, I am liable for the money due B. I could pay for the roofing job twice. Insurance doesn't help in this case.
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Old 11-01-2007, 08:25 PM   #22
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Roofing, Labor only ????


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Originally Posted by spebby View Post

But I think Ed the Roofer is spot on. I would be the one sued if a worker fell off the roof and his/her employer did not have workmans comp. insurance. But since the injury occurred on my property,

my home owners insurance policy would cover the expense up to my liability limit and also fight the case in court. I carry a high liability limit on my homeowner's insurance policy and I would recommend that everyone carry a high limit.


I could call the roofing company's insurance co. and verify his coverage and still be sued if he happened to use a day worker that day who was not covered.

Another point: If I hire contractor A for the roofing job and he subs it out to contractor B, and I pay contractor A and A does not pay B, I am liable for the money due B. I could pay for the roofing job twice. Insurance doesn't help in this case.
Usually, a homeowners insurance policy will NOT cover workers hired to to renovations tom your home. I am sure you can add this coverage, but it is not standard.

Ask your insurance agent, just for the sake of argument please.

Regarding the 2nd point, that is what lien waivers and Contractors Sworn Statements are for, but not too many people are aware of that. Many people do get screwed by paying their contractor and later find out that the contractor did not pay his account for the materials and then get a lien placed on their home.

Ed
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Old 11-01-2007, 09:06 PM   #23
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Roofing, Labor only ????


Ed the Roofer, I will ask my insurance agent and post his answer. It may be a few days, I have a very busy day tomorrow. The roofers also come tomorrow.
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Old 11-01-2007, 09:12 PM   #24
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I have plenty of time.

Depending on the answer you receive, maybe you don't.

Ed
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Old 11-01-2007, 09:50 PM   #25
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I really don't understand that last comment. The roof will be completed before I have a chance to ask my insurance agent so that has no bearing on this job. If a worker falls off the roof and there is no workman's comp insurance and my homeowners policy doesn't cover it and I'm sued, I will deal with it. Just because I'm sued does not mean they win. My money says the roofer goes by the book and has workman's comp. I didn't just give the job to the lowest bidder. I did my homework and am comfortable he is a reputable individual.

I personally think calling an insurance company and verifing that someone has workmans comp insurance is a waste of time. Even if the insurance company says he has workmans comp. you know nothing. When I pay workman comp. insurance for my employees, I list their names and job classifications. The rates are based on the job classifications. If I hire someone, the insurance company is notified. Without that info and checking the ID of each worker who shows up, knowing he has workers comp insurance is meaningless. The crew he sends may not be on the list.
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Old 11-02-2007, 03:47 AM   #26
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Old 11-02-2007, 08:36 PM   #27
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I really don't understand that last comment. The roof will be completed before I have a chance to ask my insurance agent so that has no bearing on this job. If a worker falls off the roof and there is no workman's comp insurance and my homeowners policy doesn't cover it and I'm sued, I will deal with it. Just because I'm sued does not mean they win. My money says the roofer goes by the book and has workman's comp. I didn't just give the job to the lowest bidder. I did my homework and am comfortable he is a reputable individual.

I personally think calling an insurance company and verifing that someone has workmans comp insurance is a waste of time. Even if the insurance company says he has workmans comp. you know nothing. When I pay workman comp. insurance for my employees, I list their names and job classifications. The rates are based on the job classifications. If I hire someone, the insurance company is notified. Without that info and checking the ID of each worker who shows up, knowing he has workers comp insurance is meaningless. The crew he sends may not be on the list.

I can not believe that anybody could be so negligent to not even covering their own butt, by making a simple phone call.

Possibly, and even probably, due to your research on this company, they have all their ducks in a row, but I can not comprehend the absurdity of attempting to state that a phone call is too much bother.

Simply amazing!

Good Luck, and I hope you are not the 1/1,000, seriously.

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Old 11-02-2007, 09:55 PM   #28
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Roofing, Labor only ????


Quote:
Originally Posted by Ed the Roofer View Post
I can not believe that anybody could be so negligent to not even covering their own butt, by making a simple phone call.

Possibly, and even probably, due to your research on this company, they have all their ducks in a row, but I can not comprehend the absurdity of attempting to state that a phone call is too much bother.

Simply amazing!

Good Luck, and I hope you are not the 1/1,000, seriously.

Ed

Ed, I think it you read what I wrote you would understand my viewpoint. It's not the bother of the phone call, it's the fact the phone call can not produce any useful information. The call would only indicate whether the company has insurance or not, not who is covered. That info can not be released.
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Old 11-03-2007, 01:25 AM   #29
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they are set up to give certificates to every job you have done,saying it can`t be released would let you know he doesn`t have it,never heard such bullchit
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Old 11-03-2007, 01:40 AM   #30
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