Hi Deborah here, I am insurance broker with the CRIS designation specializing in contractors needs. I have a client who has had that same situation, here is the advise: The CG2139redefines the â€˜Insured Contractâ€™ to remove itâ€™s f. point (page 13 of 16 on ISO CG0001 1001 .. is the version I have here handy.. that states an â€˜Insured Contractâ€™ is points a through f. ) Here, the f. point is basically a contract a sub would sign to work for a GC & it would include a hold harmless/indemnity agreement for tort and operations coverage. This hold harmless agreement would be worthless unless the sub is independently wealthy as his insurance company would not defend or indemnify or anything. So it can be bad for subcontractors to have this endorsement but worse for the GCâ€™s if they were to enter into a normal business contract w/hold harmless et al with a sub who has the cg2139. Subcontractors with this endorsement need to work for GCâ€™s that simply want to be named as additional insured on the subsâ€™ policy. If there is no contract and the GC is named additional insured on the subsâ€™ policy, that should be sufficient for the GC to be covered for operations and tort of the sub by the subs insurance company. If I have a client with the cg2139 in a GL quote, I just make sure to ask them if they are going to be signing a contract with a GC/developer et al and/or to let me know if they plan on it at any time in the future. If they say they won't enter into any contracts with a hold harmlessthen the cg2139 is irrelevant and being on the policy/quote is immaterial. I think insurance companyâ€™s issue this endorsement to limit the scope of work a contractor can do.They want to be sure it knows the entities it would be indemnifying ie AI endt cg2010 or equivalent. They donâ€™t want their â€˜littleâ€™ contractors getting out there and playing with the big kids without permission. ~ dmc 6-12-07 previously suggested by someone else: I suggest you to go the IIABA website. If you are a member, you can access the Virtual University, then go to "Ask an Expert" and ask your question. This is a great resource.
Term can be used interchangeable . A company can be a electrical contractor if they work directly for the owner of a project. That same contractor becomes a subcontractor when he works for another contractor. The other contractor may work for the owner of a project, but must subs the work to another contractor of which he would be then the sub contractor.
Where should one draw a line between IFC Drawings issued by the designer and shopdrawings to be developed by the Contractor? Are there any industry standards or eventually some contractual framework or guidelines that could define each party's responsibilities? A lot of designers tend to throw the responsibility of their incomplete design on the contractor. Should IFC drawings be fully coordinated and allow contractor to proceed with the Works based on these drawings (except for some specialist details)?
Are you the contractor, the subcontractor, or the person who hired the contractor in the first place? If you're the person who hired the general contractor, you don't have to do anything - this is between the general contractor and the subcontractor. As long as you pay the contractor the agreed-upon price, you can wash your hands of the matter. If you're the subcontractor, and the general contractor who hired you is not paying what he owes, you can sue him for breach of contract. If you are the general contractor, you better have a really good reason for not paying the subcontractor (the subcontractor materially breached its contract with you, for example).
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