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1 hour ago, dig-dug-dan said:

If he is a subcontractor, then it's down to him to pay, unless you employ him under your insurance 

Labour only subcontractors (which the majority of self employed tree cutters are) will come under the liability of the primary contractor

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As Joe said. As opposed to 'bone fide' subcontractor which eg they are given job sheet and go to site with their own truck chipper and groundsman. 

 

In my experience, as both freelance climber and employer if its relatively small some climbers feel Bad and sort it themselves and if it's big it's the main contractors job to sort it, but in law as far as I know : responsibility is as Joe said : same as if there's an accident, same reason you need employers liability even though he's not an employee. This is all pretty recognised clear in law now I thought - the nuance comes with how in charge of the job the climber is. 

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As you were onsite it sounds like your job.  The climber as you described was working in a Labour only capacity or freelance.  Therefore, the responsibility is yours, unfortunately.

 

If you remove the term ‘subby climber’ from your first post then it is a lot clearer.  As for subbyclimbers, use the term freelance climber or contract climber makes the waters a lot clearer.

 

Too many people use the term subby when they in fact are a long way from operating in Bona Fide Subcontractor capacity.

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Hes working for you, its your insurance to be claimed on. 

 

Also if he is good it may better for you long term just to suffer it 

Edited by mtt.tr

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Yep I agree with all of the above 

as the main contractor you make the big bucks to allow for the cock ups 

the Subby is probably making a wage and not a lot more hardly seems fair to lay it on him, 

 

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I'm trying to think how to word it but seems the phrase 'reasonable care' should apply - in other words if he was being reckless then you may have some redress but that's between you and him. As far as the customer is concerned it's your job so you sort it out.

I guess you know how often he makes this kind of mistake too, that would be a factor to me.

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All fair points...  Guess, well not just a guess really, the whole job is a team effort and I have overall responsibility, certainly can't just rely on trust, and should've just doubled checked it's how I wanted that part done, and all are clear what is required for the desired outcome.

It's easy to think that if it were me, as the cutter, I'd want to apologise and make things right.  Told the client straight away and went to see a Stone Mason.

 

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43 minutes ago, Rich Rule said:

 As for subbyclimbers use the term freelance climber or contract climber makes the waters a lot clearer.

Well put

43 minutes ago, Rich Rule said:

 

 

 

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17 hours ago, kevinjohnsonmbe said:

Who bent it though Oeuf brouillé?

 

The climber,  the guy holding the rope or the gaffer that didn't have supervision of the job?

that is a great view of the matter

 

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