Roofer with no Liability Insurance


#1

Hello guys,

I just recently found out that my roofing crew (subs) don’t have a valid Liability Insurance (but I, as the GC do). If they mess up in a roofing job, will my insurance cover the cost to repair damages?

Thank you.


#2

Ask your agent he will tell you what your policy covers better than we could. Don’t pay them until you have a valid cert for the work they did. If there’s a lapse when payments are made you may be liable to cover the workers comp for that monies paid. And for roofing it ain’t cheap. 33.6 percent where I am last I checked


#3

Liability and workmans comp don’t cover the roofing work it covers accidents and such.

If they don’t have insurance you will be on the hook for it when your insurance audits you.

You can expect to pay roughly 45% for comp and around 20% for liability.

So if you pay the uninsured roofers $5,000 you will have to pay your insurance company $3,250.

Do you see the importance of subcontractors carrying insurance?


#4

We puncture a water pipe while roofing and flooded a room. Roofer has no liability nor workers comp. general contractor has only liability. In your own personal opinion, will I be covered by my liability (to repair damages) given that the roofers didn’t have any insurance? At this point my insurance is asking for the roofers proof of insurance…


#5

Your insurance should cover it.


#6

The water pipe shouldn’t be against a roof decking without a shield. there
is minimum space requirements for them and ac lines or electrical for this
reason. It is not the roofers fault the roof leaked and his insurance
wouldn’t of covered it in my opinion because he would have fought it. Your
insurance will cover it if you didn’t want to fight it, which you shouldn’t
in these circumstances. Mainly because even if it is not your fault, in the
eyes of the homeowner it is your fault. might be better off paying the
damages out of pocket or taking off their final bill vice a claim. Or even
see how soon the work was done on the pipes and get some names of the
company who put the pipes there. It falls onto the salesman who should have
looked in the attic to see if there was anything in the way. If they don’t
g in attics then they should. Unfortunately, I know because we hit an ac
line a few years back and drained their ac system of freeon and ruined
their ac. I did more research than I wanted to on the subject. In the end I
paid for all the replacement and repairs and came out looking like the good
guy and still got a good review from the guy. Now i always look in the
attics and stress it my salesman to do the same.

Ricky Southers

Owner

Southers Construction, Inc

910-539-6606
Ricky.Southers@Gmail.com


#7

We require a cert from any sub we utilize and also require that we are listed as additionally insured. That means we’re protected for 30 days. We also call their Agent monthly to get a new cert. Amazing the tricks a lot of these guys will try to pull. Cert if for carpenters or some other trade that is much cheaper than roofing. Get the cert, cancel the insurance a few days later. All those reasons are why you need the cert, need to be listed as additionally insured and if you continue to use the sub, get a new cert monthly.

As far as the waterline, do you use a pre job checklist? If not, you apparently need to. One item covered on the pre job checklist is that you would not be responsible for any water, gas or electrical lines attached to the bottom of the decking. About once per year, some one has an ac line attached to the bottom of the decking. The pre job checklist saves us around $750 when it does happen.


#8

Thank you for replying. I have been in business since 2014 with my own company and I am trying as hard as I can to learn everything I should know. Some things like this incident are being learned the hard and expensive way. I do not have a check list, any possibility you could share the general idea so I can create my own? My Liability will not pay because my subcontractor was not insured. I got a letter today. I was thinking: “What would happen if one day I have a claim for 100,000 and they say they will not pay…” Here in Texas is hard to find roofers with insurance since everybody hires them without insurance, any tips how to protect myself agains “uninsured subs”? Specially during storm season…

Forgot to ask, I don’t have employees, and since apparently my Liability doesn’t cover SUBS or third party workers, whats the reason to be paying it then? ( I am looking for opinions, points of view, not legal advise).

Thank you sir.
Alex


#9

It is gonna end up “sub-crew will become your hourly guys” IF you get in to insurance or any legal matters. Consult with your agent or you have to buy for them if you are willing to keep them.


#11

Yes consult your agent, they would be the best people to clear all your doubts but yes having uninsured roofers is certainly not a smart move.


#13

If you buy it for them, they can be sean as employees as well. There are specific requirements from the IRS as to what constitutes a “SUB”. Then there are other specific requirements from your insurance company. You can have uninsured subs added to your w/c and GL policies. Be very careful my friend as you may be setting yourself up for one hell of and audit premium from your w/c carrier, as well as a tax issue if the sub doesn’t pay his taxes.
Your sub should:

  1. Supply a W/c and gl very with you as named insured. And the cert must have his name shown exactly as the name you pay him under.
  2. Provide his own truck and all equipment needed to complete what ever job you are paying him to do.
  3. Sub should preferably be a corporation, LLC, LLP, and have a fein number instead of social security number.
  4. He can not be responsible to work only for you! He should preferably work for multiple companies.
  5. He must provide you with an invoice for his services.
  6. You can not oversee his work in that he must be able to work autonomously from you, and be able to do the job without your direct supervision or training.

If most of these are true in your business relationship with this guy, you should be golden, if not you’re playing Russian roulette with your business’s future.


#14

let’s get real most subs don’t have roofing insurance they can show insurance buts for carpentry painting plus you can not get WC for illegal because you need SS card and they don’t because they are illegal so if they fall get hurt your on the hook