Legal Question in Construction Law in Texas

Is homeowner liable for contractor injury?

I recently signed a contract for some home remodeling work. I have since learned that the contractor holds no insurance. Will my homeowners policy cover any injury that may occur to him or his helper while at my home?

If not, can I be held liable?

Would it be possible to have a lawyer draw up a no liablity amendment to the contract, or should some type of workers comp be purchased to protect ourselves or......

What is our best option?


Asked on 1/25/04, 3:33 pm

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Is homeowner liable for contractor injury?

Touch bases with your insurance agent and find out what your homeowners insurance will cover.

Getting a waiver from the contractor isn't worth the paper it's printed on, since they can't indemnify you (not deep enough pockets).

Make sure you don't give any directions to the workmen, so you don't have control over what they do or how they do it. That should keep you out of a position of liability if someone gets hurt on the job.

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Answered on 1/26/04, 11:26 am
Cheryl Rivera Smith The Smith Law Firm

Re: Is homeowner liable for contractor injury?

For your sake, require proof of worker's comp insurance. Call your homeowner's insurance agent and ask for advice since she or he may have other options.

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Answered on 1/25/04, 10:29 pm


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