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Finish Carpenter
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Discussion Starter · #1 ·
The long and short, I do alot of work for this one GC. I worked for him before I went out on my own. We have known each other for a while and I do punchlist work for him. When he goes on vacation he askes me to keep his jobs running...IE I take his place and keep all the trades moving in and out of jobs. I am a carpenter, and that is what I sub for...Is it legal for me to stand in his place while he is away? I mean I am not sure my insurance would like it very much....wouldn't I then be the GC for a week or two??
 

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If you are hired by the GC then you are a sub or a consultant. I would make sure that you have some documentation designating you as such and a written agreement between you and the GC. If you do not hold a contract directly with the subs then you are not a GC.

Buy they way, who do you go to for insurance. I'm looking or some insurance on a constrution management company.
 

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Finish Carpenter
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Discussion Starter · #3 · (Edited)
My insurance is just for my carpentry work....this is kinda a favor thing. I am getting paid for my time and all but its not something I do to make my living per say. I don't hold the contracts with the subs either, that was all set up by him before he left. I am just opening up the places and making sure everything is good to go...basically holding people's hands.

Newtown PA huh?....I was just down that away. I am looking to move into that area in the near future.
 

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constrctonomics - I'm located in nearby Montgomery County, PA. I'd be interested in networking, and also can recommend a local insurance agent for you. Let me know if you're interested.
 

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While you are working for him as his substitute foreman/supervisor, then it is his insurance that will cover you. Your own insurance policy that covers your carpentry trade business does not apply, nor should you try to have your policy extended to include the extra work of acting as substitute "boss". His insurance policy already covers that type of scenario automatically at no extra cost.

You might be surprised to know that the definition of "Insured" is almost one page long on liability insurance policies, with dozens of paragraphs including sub-sections and sub-sub-sections. They will differ slightly between insurance companies, but the standard section that would apply in your case reads something like this (Reader's Digest version):

Each of the following is also an insured: Your "employees" but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business.

The definition of “employee” includes "temporary worker". “Temporary worker” means a person who is retained by you under a contract of service to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions.
The part that could potentially be a bit of a grey area if you are dealing with an unreasonable claims adjuster is the clause that I marked in red. A verbal agreement with your GC friend is still a legal contract, however, if you are dealing with an unreasonable adjuster, they might try to deny your insurability by insisting that there had to be a written agreement.

To avoid this possible grief but not have to go through the trouble of getting a written agreement in place, I would suggest that your GC buddy write a quick email to his insurance agent wherein he names you as the temporary fill-in while he is away. Then, get the insurance agent to write back confirming that they have noted their file accordingly. There won't be any endorsements or certificates of insurance issued because it is already part of the standard policy wording. But, by having the email confirmation that they acknowledge your name and the "substitute boss" work that you are doing, then you have something in writing to make sure that it is clear you are insured under his policy.
 

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While you are working for him as his substitute foreman/supervisor, then it is his insurance that will cover you.
I would think in order to avoid complications a payroll check from him for the period of temporary employment would be sufficient proof of this.
 
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