Who Pays the Bill When an Independent Contractor Causes Property Damage? (OnDemand Webinar)

$149.00

SKU: 411758EAU

Description

Make sure you know who pays the bill when an independent contractor causes property damage during a construction project.Many businesses hire independent contractors for a multitude of reasons. For example, using an independent contractor for a job rather than an employee may save an employer money, since employers do not need to provide independent contractors with employerprovided benefits or pay independent contractors a salary. Working with independent contractors often provides employers greater flexibility by hiring independent contractors on a project by project basis. Employers may also benefit from using independent contractors because, in most instances, employers are not vicariously liable for the negligent actions of independent contractors.Although independent contractors are not employees, they are not completely separate from the company and the company may still be liable for any actions or omissions an independent contractor takes or fails to take while performing services for a company in certain circumstances. There is often a fine line between an employee and independent contractor. Just because a hired party is labeled an independent contractor, it does not necessarily mean that they are considered an independent contractor as opposed to an employee under the law.This topic will navigate through this complex area of law. It will provide a brief overview of what exactly an independent contractor is and the difference between an independent contractor and an employee, and will review the importance of having a written independent contractor agreement. This topic will also review the circumstances as to when the company or the independent contractor is liable in the event the person hired causes damage or performs some other negligent act. Finally, it will turn focus to presenting the best business practices to minimize risks.

Date: 2024-12-10 Start Time: End Time:

Learning Objectives

Overview
• Definition of Independent Contractor
• Definition of Employee
• Discussion of Factors – Independent Contractor vs. Employee

Independent Contractor Agreements
• Purpose
• Written vs. Oral
• Important Provisions

Independent Contractor vs. Hiring Party Liability
• Party in Control
• Vicarious Liability
• Respondeat Superior
• Exceptions to the Rules

Who Pays When the Independent Contractor Causes Damage?
• Vexing Issue in Litigation
• Comes Down to Factors Considered by Courts
• Possibility That the Hiring Party, the Independent Contractor, or Owner Is Liable

Risk-Shifting to Protect Your Company
• Necessary Terms in a Written Agreement
• Proper Investigation of Chosen Contractor
• Insurance Issues

CLE (Please check the Detailed Credit Information page for states that have already been approved) ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Mark B. Grzymala-Grzymala Law Offices, P.C., Joseph Kwiatkowski – Grzymala Law Offices, P.C.