Legal Question in Business Law in Kentucky

Home repair contract liabilities

The concrete man I hired for a home improvement job has failed to pay full rental fee on equipment and has since been put in jail on a work release program. The rental equipment company has contacted me for rental fee to be paid in full or possible cash agreement. Am I in any way liable to pay since the rental contract was between concrete man and rental company?


Asked on 4/27/07, 7:59 pm

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: Home repair contract liabilities

Based on the facts you present then no, you would not be liable. The guy you hired would be an independent contractor so you would not be considered an employer. Have you restricted the equipment rental companies acces to the equipment in any way? They might argue you are a bailee or argue conversion if you have.

They know they will never see their fees from the concrete man and figure they might get something from you. They might attempt to put a lien on your property, and if they do, be sure to get some legal counsel and challenge it.

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Answered on 4/27/07, 9:32 pm


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