Liability question

[Von Vardo]

Hi guys,

I've been working closely with an MCS registered installer for a while doing the electrical side of his installs and helping out with the roof work on a flat day rate.

It came up in conversation recently that he would consider me liable for any accidents that happened on site, e.g. cracking a ceiling or dropping an inverter / panel.

Just wondering what sort of agreements people have in place to cover these eventualities and whether anyone has a sample contract they're willing to share!

Thanks

 

[MorganPVI]

My understanding is that as the MCS firm is prime contractor they are responsible for every person working on that site.

From an insurance and H&S view, your employer tells you where to be and at what time therefore you are not a "bonfide sub contactor" you are an empolyee on a labour only day rate - you are covered (or legally should be) by his insurance. Therefore as an employee you are not liable for broken equipment unless specfically stated in your contractual terms. We recently had to cough up over £100 to have a door reglazed as either the scaffers or the 'leecys let it slam in the wind and broke the glass.

Personally your employer sounds like a dick, accidents happen and it would be unfair to make employees pay for genuine mistakes/accidents. You should explain to him that your going to charge an extra £10 day for "insurance" to cover the possibily of breaking something.

 

[BruceB]

Without disagreeing with the points Morgan PVI has made there is no standard answer on this.

From the ultimate customer's point of view then he is wrapped in cotton wool and effectively is always given the benefit of the doubt in any dispute. The responsibility will lie with the MCS registered company.

However when 2 businesses are contracting with each other then they are generally both considered to be intelligent customers and properly advised from a legal perspective. Therefore the terms will be whatever the terms are that you agree. Anything written/email or verbal (if some supporting evidence) will be relevant in deciding what the terms are if it came to a dispute. So be careful what you write or say and also be careful what you allow to become standard operating procedure even though not written down.

There are sample sub-contractor contracts available on websites which you have to pay for, although I do not have a link to hand.

Regards
Bruce

 

[MorganPVI]

I think Bruce offers good advice, get something in writing so you both know where you stand. There could very well be a debate over employee / sub contractor status in the event of a dispute.