My roofer does not have insurance. Can I have a lawyer write a no harm release so I dont get sued?

Question

The roofer is a good roofer. He did a neighbor's house and it came out fine.

The price is considerably cheaper than other estimates.

He is the owner and the worker. Liability insurance is very expensive.

Answer 1

If your roofer has no insurance, you have no recourse if he does shoddy work! Get a roofer who's insured!

Answer 2

Let's clear up one thing I handle commercial claims and no insurance company will pay for what is being referred to as "shoddy" work. Insurance only pays if you damage something that you are "not" working on. Example: roofer drops tools on homeowners car, insurance company pays for damage. Roofer does a horrible job and the shingles need to be replaced in six months, insurance company does not pay. Secondly, why would you the homeowner be sued for your roofer not having insurance?? Thirdly, under very few circumstances can you contract away your liability. People and businesses try to do it all the time but it is rarely successful.

Answer 3

Sure you can, but it's "against public interest", and it WON'T stand up in a court of law.

The fact of the matter is, if a homeowner hires a contractor to work on their premises, and the contractor does not have workers compensation insurance, then THE HOMEOWNER is responsible for any injuries. YOU WILL LOSE IF YOU GET SUED.

If, God Forbid, he falls off the roof, breaks his neck, & dies, his widow will have an open and shut case, and you will lose your house, and just about everything else.

Never hire a contractor without getting a certificate of insurance from him!! The certificate should name you as the certificate holder, and the contractor as the insured. For a roofer, insurance costs A LOT. That's why he's so much cheaper. But you, the homeowner, are taking a HUGE RISK to save that money.

Answer 4

You need to consider whether or not you are willing to risk a major claim to your homeowner's insurance or worse if you get sued for more than your policy limit (usually $50,000 or less), all in exchange for saving a few thousand dollars on your roof.

I faced this very same dilemma. I moved to a newer house that needed a new roof and wanted to use the same roofer I had used on my old house. The roofer said he could do my job but he had no insurance. His bid was lower, but in the end, I decided the risk was not worth it and went with another roofer.

Answer 5

Absolutely, do it immediately....also..if your roofer doesn't have insurance chances are you might get a shotty roof job...better watch close...i had a roofer try to tarpaper over big holes in the roof without filling in or replacing rotten wood..

Answer 6

Yes, that's a great idea. However, they could still sue you (and collect money from your homeowner's policy) if someone gets hurt.

Your insurance company MIGHT not pay up, if they find out that you knew ahead of time that the roofing company did not have insurance. In my town, I cant get a roofing permit if the company isnt listed with the city as having insurance.

Better safe than sorry.

Answer 7

why would you hire someone who is not licensed, bonded and insured? you should do this to cover your rear anyway. usually people can't get business insurance b/c they are hiding from the IRS and haven't filed for an employer id # (required to obtain ins.) or are so fly by night they don't have enough capital built up to actually make a payment for business insurance.
if it were me, i'd fire him on the spot and get a reputable contractor. in the long run it may cost more, but you'll be protected, so will the workers, and your roof will probably better too.

Answer 8

I would find a different roofer you might save money in the long run... you never know.

Answer 9

and what if the roofer hurts a neighbor or passer by with falling materials, vehicle collision or the like?

Answer 10

Why doesn't he have insurance. If he owns a roofing company, they have to provide insurance. If he works for a roofing company, he is covered by their insurance.