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Subbies legal position

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:laugh1:I have my own Public Liability ins and have my own business. But when subbing for another tree firm to climb for them, where would I stand say if I cut down a TPO tree or squished a greenhouse?

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Im sure this is covered elsewhere on the site so a search might be better than listening to my ramblings - but - if your subbing - ie as a bonafide subcontractor it would fall on your own insurance.

 

if your going in as a self employed climber for the day etc (which some refer to as subbying) ie working under instruction etc, then I would assume a squished green house would be the liability of your employer for the day.

a tpo'd tree would be if you simply cut it down under instruction to do so.

 

but if your employer had told you to cut down tree A (no tpo) and you cut down tree B (tpo) the I would imagine your employer would be in trouble - but his insurance would then chase you for the mistake...

 

others will add to this or correct me..

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Ultimately it will first fall to the main contractor, then if you are a bona fide subby it will fall to you, this is in regards to an accident, in regards to a TPO problem I am fairly sure it will be the client and the main contractor who will take the blame.

 

If your an employed subbie it wont be your problem.

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Your position will depend on the terms and conditions of the contract between you and the contractor.

 

If you are employed as a subbie to cut down tree A and you cut down tree B, you could be exposed to a claim for damages for breach of contract. If the main contractor is held responsible by the authorities for any breach of TPO regs then he could add the costs of any fines to his action against you for breach of contract.

 

Of course, if there is no formal written contract then it could get messy if an unscrupulous contractor tries to get a subbie to pay for the contractors own mistake. When accepting work from a contractor it may be worth having a standard clause in your terms and conditions that unless it it is clearly stated in the instructions to you, it is the contractors responsibility to deal with any TPO issues. That should give you some protection (but it won't protect you from negligence if you take down the wrong tree).

 

When faced with a job where a greenhouse could get flattened you could try and restrict your exposure to claims for consequential loss in your terms and conditions or in your acceptance of the contract but I am not sure how effective that would be if your actions leading to the destruction of the greenhouse could be considered negligent.

Edited by Inoff the Red

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Definition of service

 

If the other bloke says, here is a tree to cut down, use your own kit and men and do it in your own time then you are a bona fide sub contractor and you are legally required to hold your own employers liability (EL) for your staff, and while you don't legally require public liability (PL) you would be wise to have it and the main contractor can insist as a term of the contract.

 

If the other bloke says, we are stuck for a climber, come down and put this tree on the ground for us, my boys will chip and clear then you are an employee for the day, you are on the other blokes PL insurance and covered by his EL.

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Definition of service

 

If the other bloke says, here is a tree to cut down, use your own kit and men and do it in your own time then you are a bona fide sub contractor and you are legally required to hold your own employers liability (EL) for your staff, and while you don't legally require public liability (PL) you would be wise to have it and the main contractor can insist as a term of the contract.

 

If the other bloke says, we are stuck for a climber, come down and put this tree on the ground for us, my boys will chip and clear then you are an employee for the day, you are on the other blokes PL insurance and covered by his EL.

 

Spot on. :thumbup1:

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