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A friendly competitor is having surgery, asked me to cover his accounts

Discussion in 'Commercial Snow Removal' started by Camden, Nov 29, 2014.

  1. Camden

    Camden PlowSite Fanatic
    Messages: 6,594

    I was just asked to cover a friendly competitor's accounts while he recovers from surgery. I told him that I can do it as long as I'm covered from a liability standpoint.

    Do I have any increased expose from doing something like this? For several years now we've been each others backup plan in case catastrophe struck one of us but this is the first time I've ever thought about the "What if...?" scenario. (Probably something that I should've done sooner.)

    I'll follow up with my insurance agent on Monday but I'm curious to know how you guys have handled similar situations.
  2. Defcon 5

    Defcon 5 PlowSite.com Addict
    Messages: 1,494

    I would get something in writing....Like a subcontractors agreement....
  3. snocrete

    snocrete Banned
    Messages: 2,862

    Whats different about that, than any other time a sub is hired? And as long as your doing as he request, you shouldn't be liable(within reason). I'm sure you both have adequate ins coverage, and as Deafcon said, have a subcontractor agree wrote up....so guess I don't see what the big deal is?
  4. Camden

    Camden PlowSite Fanatic
    Messages: 6,594

    This is probably all I'm going to need.

    The big deal for me is that the guy I'm helping out is okay with a 2" trigger on a place like a strip mall. Not me. I'm pretty paranoid about opening myself up to a liability claim. And that paranoia seems to only get worse as the seasons tick by.
  5. snocrete

    snocrete Banned
    Messages: 2,862

    Ultimately, he holds the contract with the agreed terms, so its his ass on the line. Just CYA with a written agreement between the 2 of you and quit worrying so much :p
  6. Dogplow Dodge

    Dogplow Dodge 2000 Club Member
    from NJ
    Messages: 2,507

    Subcontractor agreement, and MORE IMPORTANTLY, you should tell him that you want YOUR COMPANY named as "Additional Insured" on HIS policy.

    This way, if something happens, and you get sued, his insurance covers your arse, along with that agreement.

    Have the agreement signed by both parties in front of a lawyer, or a Notary. In NJ, lawyers make great witnesses, as they really know how to twist the truth in one direction or the other..;) A notary will be much cheaper to use, and will do the same thing.
  7. JTVLandscaping

    JTVLandscaping Senior Member
    Messages: 860

    Seems he should be more worried than you. If you're subbing for him, his insurance company should be all over it. As long as you carry the insurance you need to, I would assume you are fine, but check with your carrier.
  8. Defcon 5

    Defcon 5 PlowSite.com Addict
    Messages: 1,494

    Like Mr. Snocrete said he holds the contact.......:drinkup:

    Get the subcontractor agreement and agree on rate of pay and he pulls the Trigger on The Trigger.....:salute:
  9. concreteguy

    concreteguy Senior Member
    Messages: 130

    I'm not sure you'd be on the hook if someone fell on the 2" of snow. You should be worried if they fall after you plow or salt, then you'd be more responsible. I think the 2" trigger would be more of a hassle for the customers than the contractor. If this is the agreement, than don't worry about that and take care of it. If you weren't a snow contractor and he asked, then you might want to cover yourself. What would be the difference if they're yours or his. I'd more so have an agreement that he pays you what you want and doesn't back-out after the snow is cleared and he's off the hook on servicing his accounts
  10. framer1901

    framer1901 Senior Member
    Messages: 805

    Plowing as a sub and getting paid as a sub makes you liable - you can't have your cake and eat it too sorta thing.

    The insurance companies will pass the buck on down the line till they get to the bottom.

    A 2" trigger is just that. If you plow a lot but yet don't salt it per the property owner, the only liability you can have is someone tripping over the snow, not slipping. The act of plowing can in fact make a lot more slippery, if the property owner doesn't want to pay for salt, then it becomes his liability.
  11. snowman55

    snowman55 PlowSite.com Addict
    Messages: 1,071

    America is most litigious place on earth. Nothing will keep you from getting sued. But as a sub doing as directed your liability will be lessened. Get sub agreement and let insurance worry about lawsuits. That is why you pay a small fortune for it. Lawyers have wrecked this country. And made everything more expensive. Until we throw the lawyers out of congress , your liability for breathing will only increase.