Legal Liability don't cover tradespeople

Discussion in 'Legal Issues' started by QD_au, 1st Nov, 2015.

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  1. QD_au

    QD_au Member

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    Hi All,

    Took out landlord insurance with Terri Sheer with legal liability of $20MM. However, this doesn't cover tradespeople coming on site for Repairs & Maintenance.

    Apart from making sure that tradespeople have insurance. How can I protect myself? Is there such insurance cover for a few days so tradies can come to perform work?

    As R&M is an ongoing requirementd, do people take out insurance every time?

    Appreciate any advice.
     
  2. mja

    mja Well-Known Member

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    Doesn't WorkCover provide this?
     
  3. Investing101

    Investing101 Well-Known Member

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    Tradies must have there own insurance to cover injury and damage to your house. You only become liable as their 'employer' after 48 working hours. So someone like a regular gardiner you would need to have domestic workers comp.

    unless your dog mauls them then your in trouble.
     
  4. thatbum

    thatbum Well-Known Member

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    Don't do anything negligent to injure them?
     
  5. Xenia

    Xenia Well-Known Member

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    Ensure you only use people who have professional indemnity insurance - get a copy of their policy.
    Ensure also they are a registered business.
     
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  6. Chilliblue

    Chilliblue Well-Known Member

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    @Xenia is correct. Always ensure that your PM or you hold the contractors current and valid PL insurance (min value of $20 million) and any licences as required
     
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  7. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Don't forget their insurance would only cover them. It wouldn't cover you for your negligence.
     
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  8. inertia

    inertia Well-Known Member

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    You used to be able to cover domestic workers on your home and contents policy (I am presuming under the "home" side of that?), but in NSW it changed to exclude domestic workers, and they must have their own insurance.

    A way of trying to disuade people from working cash only perhaps?

    Cheers,
    Inertia
     
  9. Scott No Mates

    Scott No Mates Well-Known Member

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    PLI is different to professional indemnity insurance.
     
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  10. Investing101

    Investing101 Well-Known Member

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    Regardsless of your insurance or theirs, if you dont tell them about all your boobie traps you can be liable if they proove negligence against you.

    Havent looked at Insurance PDS of late, but it it definatly was apart of some/most Home and Contents. Guess it was costing insurance companies too much to have as an extra as OH&S being crammed down everyones throat and people taking advantage.
     
  11. inertia

    inertia Well-Known Member

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    It used to be. But when I looked in to it recently when we got a cleaner at home, domestic worker insurance is no longer covered under home insurance in NSW (and some other states, but I didn't take note of which).

    Cheers,
    Inertia.
     
  12. QD_au

    QD_au Member

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    Thanks all for your input :)

    Yes Terry, this is my exact concern, legal liability not covering tradies.

    Good to know and no there are no pets on property :)
     
  13. Brian84

    Brian84 Well-Known Member

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    Make sure the tradie has their own relevant insurances like workers Comp, public liability etc

    Make sure they are actually a worker or owner of the company they are claiming to be working for. People use fake companies or other people company.

    I'm pretty sure professional indemnity insurance is for people that are giving professional advice like a lawyer, conveyancer, building inspector etc.