Is it standard for a tradesman to take no responsibility for loss and damage that results while they are working onsite!
I'm just reading through some T&Cs which seem to say I need to insure against loss, damage, injury etc and they take no responsibility for events arising from their negligence.
rodeoraz,
Nov 29, 1:18pm
Here they are in long form (I have removed the company name). Oh, and it might be helpful to know they are prepping weatherboard for painting.
The Principal shall assume all risk of loss, damage or injury to person, persons and or property.The Principal shall insure against loss, damage or injury in, on or near the site howsoever caused.The Principal indemnifies <company name> for any liability to any person in contract, tort (including negligence) or otherwise caused damage whatsoever which arises out of or in connection with the contract works, including, without limitation, any negligent act or omission on the part of <company name> or its employee, agent or subcontractor of <company name>. This indemnification extends to legal cost incurred by <company name> to in defending such legal action.
elect70,
Nov 29, 3:15pm
Tell them you want to see their public liabilitypolicy . Ifhavent got 1tell them they willliable for any damagedone. Unless you are prepared to accept the risk for cheaperjob . Risky,could be burning pain off & set fire to house
dmjbuild1,
Nov 29, 3:34pm
+1
even though i'm employed by a company i still carry public liability insurance and provide a site specific safety plan for most biggish jobs i undertake, this applies even more so to a company.You as the client are not the "principle" they are the principle contractor as as such are required to adhere to the health and safety act and other relevent act's. By trying to palm it on to you they are trying to cover the backside's.
t_naki,
Nov 29, 5:12pm
No chance I would ever sign such an agreement. If they do not want to take responsibility for any damage they might cause then I wouldn't want them anywhere near my house, in fact I wouldn't want them working on my neighbours house either.
yorkie13,
Nov 29, 7:24pm
I have public liability insurance to the tune of $1,000,000. they should have the same they are liable period.
carter19,
Nov 30, 4:36am
Statutory Liability is almost a must now too, especially for a larger company. Is this company a member of Master Builders or Certified Builders. If so compain to them. I;m sure they would be interested
captaingraham,
Nov 30, 5:27am
Why remove their name!
rodeoraz,
Nov 30, 5:54am
Thanks for all the responses. Good to know my 'warning bells' register is working ;-)
I've gone back to them and asked them to clarify that clause citing that I'd be very surprised if they didn't have public liability insurance so I'm not sure what the point of the clause is. Though in reality, I'm sure they do have the insurance but as others have said, they are trying to cover their caboose.
When the project manager first came on-site, he was quite heavy on the legal stuff which makes me wonder if they've been burned before. On the one hand it's good. For eg, he gave me a 50 page OSH guideline to read which outlined the procedures they would be taking (we have lead unders some of the acrylic paint on the exterior so have to take special precautions).
What he probably wasn't counting on is that I'd read it in full and go back to him for clarification of what he's said. Works both ways.
captaingraham - I omited the name because I felt that was the professional thing to do. I wasn't trying to name and shame them. They are thorough (though like I said, some of the motivation behind that is perhaps a little suspect) and they have great feedback on No Cowboys.
budgel,
Dec 1, 7:21am
As I understand it, public liability doesnt cover what happens on your site, it covers anything that may happen to a third party as a result of the work.
I dont think the clause is necessarily dodgy, it is making it clear that your stuff has to be covered by you. The important thing for you to understand is when the stuff they are working on becomes yours, as they would be expected to have coverage for the materials and work in hand.
sparkyz,
Dec 1, 4:13pm
You should also advise your insurance company that repairs are being done on your house.
yorkie13,
Dec 1, 4:29pm
public liability. is what it says. if i make a big balls up the insurance steps in. to pay the public.
rodeoraz,
Dec 1, 4:55pm
Thanks again. The company have come back and verified they have public liability insurance to the tune of $5M for a propertly like mine (I guess that means residential. $10M for other).
And yes, I will certainly will be advising my own insurance company anyway. Last time I got a quote it wasn't a whole heaps more per month so they'll either say ok, or I'll take out extra cover for the duration they are here. Better to be safe than sorry.
I sometimes feel bad that I'm too extreme and thorough when it comes to stuff like this (and have to balance pi$$ing people off with my incessant questions). But then I think. you know what, if I just signed something without understanding it, or agreed to something that I knew sounded a bit off, then people are just going to laugh and say I was stupid!
zak410,
Dec 3, 7:52am
This is when you need a good Insurance !
"An 18th century French chateau owned by a Russian businessman has been demolished by accident near Bordeaux. Bellevue, one of the five architectural landmarks in the neighborhood, was bulldozed into the ground by mistake, instead of being renovated.
"I didn't know the chateau was destroyed, I'm shocked," its owner Dmitry Stroskin told Sud-Ouest.fr website."
The Client (the party paying for the work) is the Principal. See NZS 3910.
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