KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and white list ken@kirschenbaumesq.com ******************************* Subcontractor issues / Comment on IRS roadmap July 23, 2019 ********************* Subcontractor issues ********************* Ken We will be using a sub-contractor to install a few new doors at an upcoming job. We will be billing the client for the subcontractor services and then we will pay the subcontractor. How should I structure the contract to protect myself from liability for the work that the subcontractor does? Matt *********************** Response *********************** The All in One Agreement that the subscriber signs permits subcontracting and protects you for the work performed by the subcontractor. You should also have a Subcontract with the subcontractor - where you are the hiring contractor, and make sure the sub is licensed and insured. Subcontractor should add you as additional insured on its E&O policy. If the subcontractor is not insured then consider adding subcontractor to your policy; also consider adding subcontractor to your payroll if subcontractor doesn't carry workers comp - especially if one man operation who works exclusively for you. Remember, misclassification of a subcontractor who is really an employee carries all kinds of risks, exposure and expense. ********************* Ken What should I have my subscribers sign when doing work for us. We do get them to sign a non-compete and non-disclosure along with them providing their insurance, workers comp and licenses. Do you have something we can use that covers all of the above? Thanks and appreciate your input Moe ********************* Response ********************* A non-compete and non-disclosure is a good start, but you are probably using a form that is more suitable for someone looking to buy your business or provide financing who needs to look at your records. You need a subcontract agreement. You get it at www.alarmcontracts.com That form will cover more than non-compete and non-disclosure, but allocation of responsibility and liability. A better roadmap for your relationship between contractor and subcontractor than the one mentioned below. ********************* Comment on IRS roadmap ******************** Ken Thank you Mitch for your sense of humor ----I think we all need a little right now! Thanks Hank Luks, President Controllor Security Systems ****************** To order up to date Standard Form Alarm / Security / Fire and related forms, click here:www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE FOR THE ALARM INDUSTRY PROGRAM You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
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Ken Kirschenbaum,Esq Kirschenbaum & Kirschenbaum PC Attorneys at Law 200 Garden City Plaza Garden City, NY 11530 516 747 6700 x 301 ken@kirschenbaumesq.com www.KirschenbaumEsq.com
