We are looking into a new roof. We were told to make sure the roofer is insured because you can be responsible…? Huh? They are taking the job, and they are the experts here…and I have to have insurance to cover them? Don’t they carry all the burden here to make sure thei employer covers them against accidents?
Is this correct, or is the point to protect me should they damage the property? Maybe the SDopers can give me the SDope on this matter…
Anyone you hire to do work on your house should be bonded, have his own liability insurance, and his own workers compensation insurance. Any reputable contractor will have all of these things.
If he doesn’t have his own coverage, and he falls while working on your roof, he will suddenly, magically, become your employee, and you’ll be responsible for paying for his medical expenses. If he doesn’t have his own coverage, and his ladder falls on your neighbor’s car, he will suddenly become your employee, and you’ll be responsible for repairing the car.
Ah, you say, I just hired him to fix the roof. I’m not responsible for his clumsiness or negligence! Tell it to the judge.
For goodness sake, no wonder McDonald’s can be sued for a customer being burned by hot coffee, but the customer doesn’t share in the risk? The whole legal system is bass akwards! If I hire you to fix my roof, you should share in the responsibility to protect yourself - on the fact alone that you took the job! Like implied warranty, shouldn’t the law reason that IF you take the job, YOU assume the risks involved? Therefore, YOU (the roofer, not the homeowner) should take every precaution to protect yourself?
On the “People’s Court”, someone tried to sue a restauarant for bits of clam shell in the clam chowder. CA law at the time stated that, as long as is it something reasonable, you have no claim. Clam shell in clam chowder was not unreasonable. Likewise, to me, getting hurt while working on a roof comes with the risk of the job. Unless I put a knife through the attic to get ya, I just can’t understand how the justice can be so…injust? …unjust? …antijust!
In this context, yup. But the same law that screws you here protects Joe Employee from being disowned by his employer under similar circumstances. Grocery clerk accidentally drops a can of tomatoes on your head and Safeway says, “Wha? Who is that guy? We don’t know him! You’d better sue the clerk…er…the guy that dropped the can on your head!”
Well, Jinx, there’s no point getting all bent out of shape about it. Just make sure that anyone you hire to do work on your house is licensed, bonded, and insured. Not a big deal. Anyone who doesn’t meet those conditions is probably a fly-by-night who you shouldn’t be doing business with, anyway.
No. As Early Out said, you should verify that the roofing company has its own insurance. They should also be bonded and (if applicable) licensed. Verify all of these things paid and up-to-date. Also check their track record at the BBB. (While a “clean” BBB record does not offer much insight, a “bad” record certainly does.)
[IMHO]
As I stated in another thread, I would also suggest you go with an independent roofing company that employees its own fulltime roofers. Stay away from national retailers who offer “roofing services” (e.g. Home Depot). I highly doubt they employ fulltime roofers. More than likely they maintain a list of ten or so “fly-by-night” roofing companies they subcontract jobs to. They get on the phone and start calling them, one after the other, until they find one that’s available to do the work for you. Then this company show up to your house in either: a) A truck with no painted sign, or b) a truck with a magnetic stick-on sign that says “Home Depot” or whatever. To make the big-name retailer happy, they get the job done as fast and as cheaply as possible. Unfortunately, your satisfaction and loyalty is not foremost on their mind; they just want to finish the job and get paid by the retailer ASAP. And when you need another roof, or repairs, there’s a high probability the big-name retailer will send another fly-by-night company out to look at it.
[/IMHO]
My father-in-law doesn’t like to ask for the license/bonding/insuance info, and always seems to find “some guy” to do all his projects. He proceeds to brag about the price.
One time, ‘some guy’ cut down a tree which then took down a neighbors fence.
One time, ‘some guy’ set up trash cans that blew into his neighbors car and dented it.
One time, ‘some guy’ broke an underground sprinkler.
One time, ‘some guy’…well, you get the point.
When I scope for someone to do a job, the most reputable folks have all their info handy. They give me copies regarding licensing, bonding and insurance with the proposal, along with references.
Another issue is that while you might have a case to protect yourself from lawsuit if you hire someone missing the credentials, it costs a heap of money to prove you are right.