Legal Question in Personal Injury in Massachusetts

Re: Homeoner and Contractor

Probably not. Certainly no lawyer who would write up such agreement for you would be able to guarantee that the agreement would hold up in court. You might find you have paid a lawyer a not insignificant amount of money for a contract which looks good but would not insulate you from liability. You would probably be best to use a licensed contractor, and to make sure that contractor has liability and workers' compensation insurance. And not take the guy's word for it, you have his insurance agent send you a certificate of insurance. Good luck. Regards, JBS

Re: Homeoner and Contractor

It is a tough call. You may want to consult an attorney to develop a contract the indemnifies you, and seek that the contractor have active insurance coverage. You are still taking a risk.

Re: Homeoner and Contractor

ABSOLUTELY NOT!

Plus, they are not "contractors" if they are not licensed and you will put your HOME and savings at risk if they do not carry worker's comp and full liability insurance to protect themselves and their employees. If they are not insured and one of their people is hurt working on your property, YOU are responsible for carrying the worker's comp. Failure to carry worker's comp is a CRIMINAL OFFENSE... so you could end up facing criminal charges. This is not a stretch of the imagination - it is based on real cases in my office.

Without a license, YOU will have to pull the permits and be responsible if the building doesn't meet code.

Without a license, THEY are a "laborer" and you are responsible for them.

THEY are not insured if they are not licensed, so you assume the risk.

NEVER... and I mean EVER... use an 'unlicensed' self-proclaimed contractor. The exam andf license guarantee that they have the minimum knowldge and skills necessary for the job, so the fact that they are 'unlicensed' should tell you something about their ability.