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Updated about 12 years ago on . Most recent reply
liability of buying renovation materials
I'm a newbie investor and heard a rehab gal Robyn Thompson vehemently state one time that she would never buy materials for her renovations because it would open her up to being considered as a GC/employer if ever sued by an injured worker and another investor she knew had their wealth wiped out as a consequence of this. Does anybody here have any great insight into this/options to mitigate such liability? Before the suggestion gets made of placing investment properties in separate land trusts or separate LLCs...One difficult consideration Memphis imposes is something called Hall tax which imposes a 6% tax on the investment proceeds of entities like LLCs & trusts but not properties held by an individual (If I understood a lawyer correctly).
http://en.wikipedia.org/wiki/Hall_income_tax
So are there insurance offerings that address this liability and a person would just buy sufficient insurance coverage? Your insight is most appreciated!
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Who purchases the materials is a non issue, it is all about the contract between you, the GC and the subs. If you use unlicensed, uninsured subs and don't have a contract... you are asking for major problems. Always use a contract (can borrow from the AGC) and have the sub provide you with a certificate of insurance for general liability, auto and workers' comp. The certificate needs to name you as additional insured with primary wording and a waiver of Subrogation.