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I used a Subcontractor now customer is claiming on insurance

6 replies

KissMeUnderTheMistleThrush · 01/03/2023 21:04

I own a business and 2 years ago I was really busy so I asked another company if they could do some work for me, I know this other company and we see each other through work occasionally. They were happy to do the work and was all completed to the customers satisfaction.
Today I received a letter saying the work has been found to be substandard and has caused damage to property. The subcontractor is named but the letter came to me.
Who is liable to pay the insurance? Me or the subcontractor?
I would have preferred the customer to contact me so I could have the chance to put things right. After all, it was 2 years ago so I would have liked to inspect the damage.

OP posts:
Travis1 · 01/03/2023 21:12

If the contract was between you and the customer then they would claim from you and you would have to in turn claim from your subby.

KissMeUnderTheMistleThrush · 01/03/2023 21:18

Ok thanks. That's what I thought. The subcontractor feels bad and is happy for it to go straight through their insurance. Do we get a choice?

OP posts:
Collaborate · 02/03/2023 09:45

You apply to join in your subcontractor as a co-defendant. They accept that they are primarily responsible as between them and you. Their insurance company defends it on their behalf.

kirinm · 02/03/2023 09:50

Didn't you ask this yesterday? If the subcontractor confirms to the claimants insurer that they'll indemnify you - because you are who she had a contract with - you can probably avoid your insurance company being involved but what the subcontractor says to you (about admitting liability) and what their insurance company might say, may not be the same.

Karatema · 02/03/2023 10:23

Never admit liability, pass it straight to your insurers. Some insurers have a time limit from when you first know about a potential claim. Your insurers will cascade to your sub-contractor's insurer if they feel it's not your fault.

KissMeUnderTheMistleThrush · 02/03/2023 10:47

Thanks all.

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