what if sub gets injured

[Marcin G.]

Lets say I hire GC, I sign a contract that among other stipulations says that I pay only to GC. GC hires subs. Lets say he hired painters team. Guys are not licensed or insured …one of them falls off his ladder and sues the owner of the property, my LLC

What should I do to prevent that from happening. Should I ask for license and certificate of insurance (that names my LLC as additional insured) to EVERY sub GC will hire ? How will I control that ? I am sitting in my cozy office while out there GC is making decisions who to hire etc .. I cant be there all the time (that's why I hired GC) so any idea of the best approach to the problem ? thanks

[Patrick T.]

That's a good question Marcin. Laws vary and anyone can sue anyone else, but the operating principle is that if you hire a licensed, bonded and insured contractor it is their responsibility to oversee safety. They are typically accountable to a state labor division on these matters. It is generally good to get a certificate of insurance, because that helps insure that the contractor is playing by the rules. You should contact your insurance company and ask them specifically what is required of you, since that's who you'll go to if you get sued. You should also ask what you should not do that could be construed as taking on responsibility. That's getting in pretty deep, but that's how attorneys find ways to include you.

If you hire un-licensed, un-insured people you take on all kinds of liabilities - this being just one.