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Richard
Richard, Attorney
Category: Business Law
Satisfied Customers: 55595
Experience:  32 years of experience practicing law and a businessman.
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I own a carpet and floor care company based in New Hampshire.

Customer Question

I own a carpet and floor care company based in New Hampshire. I am the sole owner and organized as an LLC . I recently was approved on a bid to clean carpets in Massachusettes at the Boston Housing Authority. The job pays $10,700.00 and I will need to hire a couple of employees. The awarding of the bid is contingent on providing the following......
W9
Bidder's Quaulification and Reference Form
REAP, Debarment and Conflict of Interest Form
Copy of Certificate of Liability Insurance general Liability and Workers Comp

The problem is that the BHA insists that they be listed as an additional insured in the "Description of Operations" section on both the GL and the Worker Comp. While this is no problem on the GL certificate my insurance company will not put this on the Worker Comp for legal reasons (the workers comp is for my employees only) the BHA should only require proof that I carry this insurance and not that they be listed as additional insured.
They are now threatning to move onto the next Vendor if I do not comply.

Who is correct and why? Also what recourse do I have if I do not get the contract? I purchased the Workers Comp Insurance ($3,700.00) just for this job.
Submitted: 6 years ago.
Category: Business Law
Expert:  Richard replied 6 years ago.

Good morning. The one hiring always wins because by the time you get this worked out, they will have used someone else. I would suggest you tell your insurance company that they either need to add them as an additional insured or you are going to cancel the their insurance and hire someone else that will. Their exposure is no greater....if one of your employee gets hurt, they get hurt; the BHA just wants to make sure the worker doesn't sue them additionally.

 

 

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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.