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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31729
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I had a man contact me that he wanted to tear down a old

Customer Question

I had a man contact me that he wanted to tear down a old house that i had on a lot, he would tear it down for free and clean off the lot it he could have the lumber, that was what he did for a living, He assured me he had liability insurance to cover any thing that might happen while he was taking it down. well he built a fire to burn some of the scraps and it got out of control and burned the house down and damaged two house that were next to it, if he does not have liability insurance and i was not paying him to take the house down, and he started the fire, will i be responsible for the neighbors property when i was not there and had nothing to do with him setting the fire.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

If you hired this contractor to tear down the house and he/his employees were negligent and caused damage to neighboring property, then the liability should fall to the contractor.

Expert:  Roger replied 1 year ago.

The fact that the events took place on your property doesn't make you automatically liable. The bot***** *****ne is that this contractor had control over the property and was in charge of the demolition and let things get out of hand.

If the guy represented to you that he had insurance and didn't, then you'd have a claim of fraud against him in the event that a legal action was necessary.

Customer: replied 1 year ago.
thanks, ***** ***** me a little bit,
Expert:  Roger replied 1 year ago.

Sure, glad to help.

If anything comes of this, you need to turn the liability over to the contractor.....and if you are sued as the landowner, you would also file a claim for indemnity against the contractor and have him defend you and cover any liability that may be assessed.

Expert:  Roger replied 1 year ago.

The only real thing that you could have exposure for would be not getting a copy/laying eyes on the liability insurance license, but you're not going to find a great deal of people who would do that.....and a jury isn't likely to assess much/if any liability for that.

Expert:  Roger replied 1 year ago.

IF you need anything further, please let me know. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!