Posted by randyOH on August 20, 2004 at 09:30:04:
nt
Has anybody got burned? Complaints to… - Posted by brad
Posted by brad on August 18, 2004 at 09:16:19:
Has anybody got burned by a complaints from labor you hired to do your rehabs and the guy later complained his medical condition got worse due to work he has done in your house and now claiming damages.???
I would like to know how people handle those situations.
Re: Has anybody got burned? Complaints to… - Posted by Jack
Posted by Jack on August 18, 2004 at 22:43:18:
Often it is easier and better to hire unskilled labor from a Job Service company like ManPower or LaborFinders, etc… (phone book under employment). Of course you have to be able provide tools and detailed direction. They take care of insurance and the paperwork. The caliber of the worker you get is very low. I prefer know nothing young kids to drunk older guys.
Re: Has anybody got burned? Complaints to… - Posted by jasonrei
Posted by jasonrei on August 18, 2004 at 21:36:52:
Yes, have had crybabies on my jobs. Hopefully you can tell who most of them will be before you hire them to perform any tasks.
I put things in writing and try to be super-clear. If someone wants to go to court, fine. I don’t recognize courts as the last word, though, and I will impress on the whiners that this is the case. I haven’t had anyone be totally unreasonable… yet.
Re: Has anybody got burned? Complaints to… - Posted by ken
Posted by ken on August 18, 2004 at 19:44:26:
Put them on the books, it really is no big deal. If it is intimidating to do the paperwork get a payroll company to do it. I pay for comp a little each week for whatever i used as opposed to a lump sum periodically
Work for hire agreement… - Posted by Randy (SD)
Posted by Randy (SD) on August 18, 2004 at 09:53:11:
If you hire a contractor you should have a contract that spells out in detail the work that is to be performed, how payment will be remitted and liability concerns. The contractor is responsible for their own liability insurance, not only liability for injuries to themselves or their employees, also liabilities that may result from faulty workmanship. I would never hire a contractor with out a written agreement.
Re: Has anybody got burned? Complaints to… - Posted by Anthony - OH
Posted by Anthony - OH on August 23, 2004 at 13:15:24:
I love it… No one seem to catch this…
“I don’t recognize courts as the last word”
You “threaten” them!?
ROFL
This is not about contractor. Just a laborer . - Posted by brad
Posted by brad on August 18, 2004 at 13:39:20:
This is not about contractor. Just a laborer to clean up.
Re: This is not about contractor. Just a laborer . - Posted by Randy (SD)
Posted by Randy (SD) on August 18, 2004 at 14:08:52:
Frank is right, I don’t care what his “Job Title” is, he is an employee OR CONTRACT LABOR. Independent contractors are responsible for all their own stuff, getting or creating an independent contract is easy stuff; you can find zillions on the net.
Technically … - Posted by Frank Chin
Posted by Frank Chin on August 18, 2004 at 13:52:37:
Brad:
A laborer works for you, so you better:
-Issue a pay check
-Do Federal state local, FICA deductions
-Get workmen’s comp.
-Get all the forms
Oh, is he off the books?? That’s a NO NO. Particularly if you’re worried there’s a problem down the road.
If you were getting a licensed contractor, then all of the above is no problem. You may get around the problem via a temp agency if they have cleanup laborers, as the temp agency does the withholding and carry insurance.
Frank Chin
Help… - Posted by randyOH
Posted by randyOH on August 19, 2004 at 21:30:23:
I have not been able to find one. Could you send me a copy or refer me to a website?
Thanks
But a casual guy to remove walpaer… - Posted by Brad
Posted by Brad on August 19, 2004 at 17:05:34:
But a casual guy just to remove walLpaer… Can I just pay him cash and get the work done and forgrt about it.
Re: Technically … - Posted by Joe Kaiser
Posted by Joe Kaiser on August 18, 2004 at 19:17:11:
Frank . . . always dead on.
Joe
Re: Help…Here is a ?SAMPLE? - Posted by Randy (SD)
Posted by Randy (SD) on August 20, 2004 at 09:12:53:
Here is a ?SAMPLE? copy and past into word, replace ?Your Name? and ?Joe Contractor? with word?s find and replace?use at your own risk.
WORK FOR HIRE AGREEMENT
This Work for Hire Agreement (this “Agreement”) is made effective as of __________________, by and between Your Name, of Your Address, Your City, Any 12345, and Joe Contractor, of His Address, His City, State 54321. In this Agreement, the party who is contracting to receive the services shall be referred to as “Your Name”, and the party who will be providing the services shall be referred to as “Joe Contractor”.
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DESCRIPTION OF SERVICES. Beginning on __________________, Joe Contractor will provide the following services (collectively, the “Services”): General Contractor.
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PAYMENT FOR SERVICES. Your Name will pay compensation to Joe Contractor for the Services in the amount of $0.00. This compensation shall be payable in a lump sum upon completion of the Services.
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TERM/TERMINATION. This Agreement shall terminate automatically on November 01, 2003.
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RELATIONSHIP OF PARTIES. It is understood by the parties that Joe Contractor is an independent contractor with respect to Your Name, and not an employee of Your Name. Your Name will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of Joe Contractor.
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WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part by Joe Contractor in connection with the Services shall be the exclusive property of Your Name. Upon request, Joe Contractor shall sign all documents necessary to confirm or perfect the exclusive ownership of Your Name to the Work Product.
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CONFIDENTIALITY. Joe Contractor will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Joe Contractor, or divulge, disclose, or communicate in any manner any information that is proprietary to Your Name. Joe Contractor will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, Joe Contractor will return to Your Name all records, notes, documentation and other items that were used, created, or controlled by Joe Contractor during the term of this Agreement.
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INJURIES. Joe Contractor acknowledges Joe Contractor’s obligation to obtain appropriate insurance coverage for the benefit of Joe Contractor (and Joe Contractor’s employees, if any). Joe Contractor waives any rights to recovery from Your Name for any injuries that Joe Contractor (and/or Joe Contractor’s employees) may sustain while performing services under this Agreement and that are a result of the negligence of Joe Contractor or Joe Contractor’s employees.
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INDEMNIFICATION. Joe Contractor agrees to indemnify and hold harmless Your Name from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against Your Name that result from the acts or omissions of Joe Contractor, Joe Contractor’s employees, if any, and Joe Contractor’s agents.
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NON-COMPETE AGREEMENT. For a period of 1 month after the termination of this Agreement, Joe Contractor will not directly or indirectly engage in any business that competes with Your Name. This covenant shall apply to the geographical area that includes all of the State of “Your State”. Joe Contractor agrees that this non-compete provision will not adversely affect the livelihood of Joe Contractor.
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ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written.
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SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
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APPLICABLE LAW. This Agreement shall be governed by the laws of the State of _________________________.
PARTY CONTRACTING SERVICES:
Your Name
By: ____________________________________________________
SERVICE PROVIDER:
Joe Contractor
By: ____________________________________________________