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Question DetailsAsked on 5/10/2012

window company has insurance however his subcontractors are not covered by his policy? Now we have problems with the windows.

Windows installer has liability insurance, however he uses sucontractors for the install. Now we have leaks in the windows. Window company insurance adjuster came out and said window company does not the rider that covers the work done by subcontractors. What to do? sue?

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2 Answers

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If the window company won't stand behind their work report them to Angie's List, the BBB, and your attorney general's office for possibly deceptive trade practices. They told you they were insured and obviously even provided that information to you when in reality they are not since they did not complete the work under the terms of their insurance coverage. Beyond that, yes you may have to sue them. Consult an attorney to find out your best options.

People often think of insurance for their contractor as a security blanket if something goes wrong. It isn't necessarily. Remember that the job of the insurance adjuster is to figure out if they have to pay anything in the first place, then determine if they do then how much to mitigate the losses to their investors. They are in the business of making money and paying out doesn't help that.

Needless to say I'm not a big fan of insurance of any type and don't trust any of them. The best protection you have when hiring a contractor is one that stands behind his work and does what he has to so things are done right. Next time ask for references, specifically of customers where something may have gone wrong, no matter how minor, where the contractor stepped up to make it right.

Sorry for your troubles. When dealing with insurance it's a broken record of "We don't cover that."

Todd Shell
Todd's Home Services
www.thomeservices.com

Answered 8 years ago by Todd's Home Services

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Realize this is late, but for any future reader:


The contractor insurance is for any damage or injury his operations cause - it does NOT cover his work product or workmanship unless say it falls and hurts someone. And all subs shouldhave insurance, as well as the prime contractor.



The workmanship is covered by any warranty (like the manufacturer warranty inspection noted), and by his construction bond to the extent he fails to adequately do or complete the work - but the bond rarely provides any coverage once the job is done and paid off unless there is an express written warranty by the contractor.



If you have paid off already, as I presume, if the general contractor will not make good onhis work (assuming this failure was either very soon after installation or during an express warranty period), then you could try calling his bond but you are likely going to have to sue. However, threatening to contact his bonding company with a claim might get him on the ball, becauase if he fails to make good and his bonding company has to can cost him his bond, which would mean he cannot legally work as a contractor, so that might have some influnce on him.

Answered 6 years ago by LCD




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