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Discussion Starter · #1 ·
I hired a superintendent to run my job and oversee my crew of 10. We do ground up construction and do a lot of the work in house. He is a very knowledgeable and a go-getter type guy but pushes me and the envelope when it comes to business, insurance, and pay.

I won't get into what he tried on the pay side for now, but he claims since he is a "consultant" he's not required to provide insurance. I beg to differ but he argues and debates everything so I'm looking for more than just me saying of course you do (for the practical reasons I can come up with) when I go in tomorrow and demand that he provide it because make no bones about it he will fight me. I will make sure he lists me as additional insured too.

Incidentally, he does have his B license as well as a bunch of other licenses. Thank you.
 

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I think your 'consultant' wants the money but not the responsibility for problems. Sure hes a go getter now, the guy who makes things happen, but what happens when it turns out that 4000 squares of cement board paneling were improperly installed and the thirty condo units are leaking?

At the very least hes being cheap and doesnt want to spend three grand on insurance. More probably he either cant get insurance for various reasons (felony, prior claims) or he wants to divest himself of any responsibility for the corners hes cutting.
 

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So did you hire a consultant or a superintendent?

What are their duties/responsibilities?

A Super is an employee that takes orders from you. Chit can this guy if he is causing problems and doing anything the is perceived to be underhanded especially with pay/money.
 

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You're both screwed. Are you paying him as an independent contractor, or an employee? Going by his job description, he would clearly be an employee, but I get the feeling your paying him as something else.

A consultant is only required to have insurance for for what they can't pay out of pocket.
 

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Maybe I'm missing something, but if you hired an employee and made him a super over your job....

I hired a superintendent to run my job and oversee my crew of 10.
...then why does he need his own insurance?

If I was making employee wages, superintendent or not, I wouldn't dip into my pocket to insure YOUR company either.
 

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Theres alot of information missing..How is he being paid? a 1099 sub? an employee?..what kind of work or you doing, residential, commercial?

He sounds like a GC which either your paying as an employee along with the 10 guys or a sub who is responsible for Ins and WC for the job..either way your the boss signing checks you decide..

Good Luck!
 

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I hired a superintendent to run my job and oversee my crew of 10. We do ground up construction and do a lot of the work in house. He is a very knowledgeable and a go-getter type guy but pushes me and the envelope when it comes to business, insurance, and pay.

I won't get into what he tried on the pay side for now, but he claims since he is a "consultant" he's not required to provide insurance. I beg to differ but he argues and debates everything so I'm looking for more than just me saying of course you do (for the practical reasons I can come up with) when I go in tomorrow and demand that he provide it because make no bones about it he will fight me. I will make sure he lists me as additional insured too.

Incidentally, he does have his B license as well as a bunch of other licenses. Thank you.
Run your job?
Run your crew of 10?

Sounds like you hired a foreman with a ego?
 

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Discussion Starter · #13 · (Edited)
Anti-wingnut said:
Is this the OP? Says they do 75% of the work in house. http://whitepicketfencehome.com
Yes. We do. Are you asking because this would make him an employee? That was my other question. Upon very recent review of the code, I'm pretty sure he should be, although we don't tell him how to run and direct crew per se and he does claim to have some other work going on. Regardless, if I decide he should be and make him one, insurance issue goes away and his attitude and ego are my next problems to deal with. Has a lot great skills and is so needed right now, but clearly there are issues. Not easy to find someone good and qualified though. P.s. Just went on now and was so glad to get these comments guys. Really needed it. Thanks so much.
 

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Discussion Starter · #14 ·
jproffer said:
Maybe I'm missing something, but if you hired an employee and made him a super over your job.... ...then why does he need his own insurance? If I was making employee wages, superintendent or not, I wouldn't dip into my pocket to insure YOUR company either.
We pay him well but see your point. See all your guys' points and appreciate the butt kicking actually. Speaking of paying well, we are looking to replace him if anyone in Los Angeles area is looking for an opportunity.
 

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Discussion Starter · #15 ·
elecbysullivan said:
Is he an INC? Any error and omissions insurance?
No. What exactly does E&O provide here. Not being smart, just want to learn. I heard that from someone else. They actually said supervisor policy or something actually which was like E&O and very expensive. If I require he becomes an employee it's moot, but still like to understand.
 

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Errors and omissions insurance, what engineers, designers, scientists, consultants, architects and the like should have.

It sounds like the IRS would consider him an employee, and you should too.
 

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Anti-wingnut said:
Errors and omissions insurance, what engineers, designers, scientists, consultants, architects and the like should have. It sounds like the IRS would consider him an employee, and you should too.
Home inspectors benefit from E&O coverage too.
 

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Employee or independent contractor?

If you are using a lic B contractor (California) as a job site superintendant you should have a contract with him and it would be a subcontract to provide supervision. Since he is providing labor only G/L insurance is not required. The IRS and the California EDD has specific guidelines you must follow otherwise he is an employee and needs to be covered by your workers comp policy and you need to withold deductions FICA, etc.
With a subcontract he is 1099'ed and you can in your subcontract outline his duties and yours in the subcontract but you can only direct him under the scope of work. If you direct him as to hours worked (7 AM to 3:30 PM), provide him a company laptop, cell phone or on the job site instruct him relating to ways and means then he is an employee.
It looks to me like you are hiring an independent contractor to get around standard W2 deductions and workmans comp.
Without a contract with him that follows IRS and EDD guidelins you are placing yourself in a position of liability. If you require him to provide G/L insurance you should pay for it.
 

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CTGORE said:
If you are using a lic B contractor (California) as a job site superintendant you should have a contract with him and it would be a subcontract to provide supervision. Since he is providing labor only G/L insurance is not required. The IRS and the California EDD has specific guidelines you must follow otherwise he is an employee and needs to be covered by your workers comp policy and you need to withold deductions FICA, etc. With a subcontract he is 1099'ed and you can in your subcontract outline his duties and yours in the subcontract but you can only direct him under the scope of work. If you direct him as to hours worked (7 AM to 3:30 PM), provide him a company laptop, cell phone or on the job site instruct him relating to ways and means then he is an employee. It looks to me like you are hiring an independent contractor to get around standard W2 deductions and workmans comp. Without a contract with him that follows IRS and EDD guidelins you are placing yourself in a position of liability. If you require him to provide G/L insurance you should pay for it.
Most helpful post yet. And I managed to learn something. Thanks!
 

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Employee or independent contractor?

Thanks:

I am more familiar than most as I as General Building and Engineering Contractor in Calif., A & B have execueted Management Contracts with large general contracting firms in Southern and Northen California.

My contract required the job site address, a set of approved plans and an estimated completion date which I prepared a project schedule in Microsoft Project to substantiate. The prime general would show up for project meetings with the owner and architect and that was the prime's sole involvement.

I was reimbursed for:
G/L insurance if it was required.
Mileage
Lodging and food if the project was out of town.
Management fees billed weekly.

Never a problem when its done correctly.
 
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