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Subcontractors Services
If you use professional subcontractors (contractors who provide a service including the provision of their own tools, materials and labour, but who do not work under your direct supervision), they are normally legally responsible for their own acts of negligence that cause injury or damage to other people or property. However, there can be instances where you, as the principal contractor, may also be held responsible for your subcontractors’ actions, or where you may be included in an action brought against them.
Subcontractors usually have their own insurances – particularly for employers’ liability, public liability and product liability. Most insurers will actually make it a condition in your policy that such subcontractors have public and product liability cover in place, normally for an indemnity limit equal to your own. You will therefore need to check that your subcontractors have adequate liability insurances in place.
To assist you with this you may download the Contractors’ Insurance Questionnaire which needs to be completed by the subcontractor. You can then retain this in your records as evidence that you have checked they have liability insurances in force, so that your own cover is not prejudiced. If you prefer, you can also send this form to Kingsbridge and we will check the details for you.
If you use labour-only subcontractors (people who supply their skill, labour and personal tools, but who do work under your supervision and control), they are treated as your employees and have the same protection within the law. Therefore, any payments made to them must be included in the wages figures for direct employees that you declare to your insurer.
