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Question DetailsAsked on 9/8/2011

is it neccessary to obtain a lien waiver from a contractor who is renting some equipment in the company' name, but using it on my job?

concerned about the legality of my contractor renting equipment in his company' name, from another company. To that end, won't a lien waiver protect me from the equipment' owner coming after me should my contractor not pay for the equipment rental. I know that i can pay for the rental stuff myself, but then there is the exposure of cross liability, etc...i want my contractor to act so to speak, as the general contractor for lack of any other phraise.

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2 Answers


I Massachusetts, no. The insurance of the rented/leased eqipment pays first and then the general contractors insurance pays. This is separate from workers comp that is the general contractors resposiblity.

Make sure everyone send you a certificate of liability insurance and workman's comp directly to you via fax or e-mail and read the back of the invoice/sales agreement before agreeing to it, orally or in writing.

Answered 8 years ago by help1968


Always get a LIEN WAIVER. I was "fast talked" by a roofer who offered a great price. I was pretty desperate as Allstate had dropped me after 40 years with NO CLAIMS. Roof leaked so after checking with others I let a contractor do the work. He never showed up during the application and didn't answer call or messages. Finally learned that he'd hit the road for greener, deperate people without paying the roofing supplier. The supplier wants almost $4,000 in addition to what I had already paid to the "thief". In Georgia, it's legal for a supplier to place a lien on property which received the service. ALWAYS GET A LIEN WAIVER. This was an itinerate contractor who cruised the areas looking for homes with missing shingles and a sucker.

Do as I say, not as I did!!

Answered 8 years ago by

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