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Roger, Attorney
Category: Legal
Satisfied Customers: 31682
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am the President of an 18 Unit condo in Va. In the pass,

Customer Question

I am the President of an 18 Unit condo in Va. In the pass, the Board and the Manager have permitted non-insured (no work comp ) contrators on our Limited Comon Element to perform work. Never been a problem. I am insisting that only licensed and insured (liability and W/C) contractors work on our LCE. Since we have never had a problem, I get resistence from some board members. Would it be a mistake to continue to allow uninsured contractors access to our Common Element to perform repairs, etc. ? The Board Members are covered by Directors & Officers Liability (State Farm), but I still believe that we could be at some risk of law suits if a claim is filed by a contractor or his employee.
Submitted: 4 years ago.
Category: Legal
Expert:  Roger replied 4 years ago.
Hi - my name is Kirk and I'm a construction litigation attorney. Thanks for your question.

Yes, the condo association is taking a risk by allowing non-insured contractors to perform work because it is a liability for the association for hiring someone with no insurance, and also creates some liability if someone is injured or property damage occurs because any act of the contractor would be uninsured, and you would have to rely on whatever money or property the contractor has to make things right - - and if the contractor doesn't have anything, then the liability would likely fall to the condo association.

Thus, your concerns are exactly on point, and you should do what you can to get the board to change.
Customer: replied 4 years ago.

My question should have said "Common Element, not "Limited Common Element". Same answer from you or is the situation even worse ?

Expert:  Roger replied 4 years ago.
Yes, the answer would be the same. But, you are right because most common areas are/can be accessed by non-members as well as members, so there's more risk of injury and a much higher risk of a non-member being injured - - which likely makes the chance at being sued much higher.
Expert:  Roger replied 4 years ago.
Hi -

Please let me know if you have any additional questions. If so, I'll be glad to respond. Thanks.