Am I responsible if a hired contractor damages equipment that he rented for the job?
Question Details: I hired a contractor to do some concrete work at my home. He rented a skid steer, and in the time he used it did something to it which the engine seized up. The company who it was rented from picked it up the next day and asked the contractor some questions. Here we are 15 months later and I get a letter from a lawyer stating that I am fault and expected to pay for the damages, totaling $5600.00 bucks due to the fact they cannot find the contractor. The recommended that I should get with my insurance company, or arranged personal payments with their firm. I do not think I should have to pay for any of this. I never picked the unit up, returned it, used it or signed the contract. Any info would be appreciated. Thank you. Chris
Insurance Law Law Answers
The general contractor that you hired is responsible for the equipment that he leased pursuant to the rental agreement. Generally, the homeowner is not liable for the torts of the independant contractor they hire unless they are controlling the work site. in this case, you hired the contractor to do the work. the contract controlled the site and did the job as he deemed appropriate. the equipment that the contractor rented was done on his behalf, not yours. you have no direct contractual relationship to the rental company and therefore, there is no reasonable basis for you to be responsible for the equipment unless you agreed to take responsibility. I suggest that you send the lawyer a letter telling him that you deny the claim and that you are not responsible for any damages.
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