Damage to my property by a sub contractor

We have a contract with a drains maintenance insurance company Homeserve Their subcontractor JTF was instructed by Homeserve to carry out work on our property to unblock drains. JTF needed to hire specialist workers to do this work and to bring in specialist equipment in the form of a large tanker. During this works the tanker broke slabs on our drive. We were advised by Homeserve when we complained about this that they would note the complaint but stated that we the homeowners are not insured as this is

Asked on April 28, 2017 under Business Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, actually someone who hires a contractor or subcontractor is not liable or responsible for damage caused by their contactor/subcontractor, unless the one hiring them was also at fault in causing the damage. Otherwise, because the contractor/subcontractor is its own separate business, the one hiring them is not liable: there is no employer-employee relationship, the subcontractor is not owned by them or part of their organization, they do not exercise power over exactly how the subcontractor does its job, etc. In short, the connection between the hiring person or entity and the contractor or subcontractor is not strong or direct enough as to establish liability. You can, however, sue the subcontractor itself for the damage it caused.


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