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Question

I am hiring a lot of consultants/sub-contractors to do work for my business and specifically my clients to develop and implement environmental programs. I need to know if my General Liability Insurance covers subcontractors that work on our consulting projects so that if they damage something we are covered and if there is a sample contractor/consultant agreement I should use which ensures that even an individual or sole proprietor contractor/consultant who does work for us is not included under our workers compensation policy. The workers comp provider says there is an issue in our current consultant agreement about their "element of control" as one aspect of our work together that makes them for of an employee. The #1 priority though is that our general liability insurance from the Hartford covers sub-contractors.    My insurance agent says absolutely not but I didn't trust him and called the Hartford and they said yes but I have not seen any written proof of coverage.

Submitted: 405 days and 9 hours ago.
Category: Employment Law
Value: $15
Status: CLOSED
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Optional Information

Corte Madera, California

Already Tried:
I have called our insurance broker who said that our general liability and umbrella policy from the Hartford does not cover subcontractors but I called the Hartford and they said yes. I need something in writing from a website or what ever that that says that my subcontractors are covered. I also need a good sample contractor agreement I should use to cover all liability and workers comp and their independent status and need for their own coverage, etc. What happens if they are an individual or sole proprietor. How so I cover all aspects of our business and liability.

Accepted Answer

Unfortunately, this is entirely governed by the insurance contract. You need to contact the insurer, since your agent is telling you no, and demand something in writing from them showing you are covered. The best way to get this response is to send them a written question regarding the coverage and ask for a written answer. As far as the sample agreements, use the long form agreement found at: http://64.233.169.104/search?q=cache:kB_kmhVXcvIJ:www.bogardconstruction.com/projectcenter/documents/SubcontractAgreementForm-Sample.pdf+California+sample+subcontractor+agreement&hl=en&ct=clnk&cd=2&gl=us


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Expert: PaulMJD
Pos. Feedback: 99.5 %
Accepts: 
Answered: 10/14/2008

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20+ Years of Employment Law Experience

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