We are hired for our (45) year Stability, Proven Reliable Quality, and Performance because "Investment Value" is what customers Really Care About!
Serving San Diego County and Southwest Riverside
San Diego (619) 233-0903 / S. D. Coastal (760) 436-1292 / S. D. Inland (760) 740-9000 Temecula (951) 695-4900
(Especially Roofing) is a Dangerous Business!
Why expose your most valuable asset to litigation from hiring the unlicensed lawbreaker
operating with an undocumented uninsured workforce!
a seasoned contractor with over 40-Years in business, we are well aware
that consumers often get estimates to compare ideas, products, and
pricing before making a major purchase, whereas in reality Consumers lack confidence in
the construction industry, and often fail to understand that there are potential litigation exposures relating to workers comp insurance laws in the event a worker is injured.
Often unsuspecting consumers will hire for price without considering the consequences relating to the project performed without warranty caused from shoddy workmanship performed by unskilled, unsupervised, and uninsured production workers to include but not limited to the contractor using mixed matched materials that are unfit for a project that should last 10 to 50 Years".
Cheap price reality relates to the contractor working out of Trade Classification linked to sloppy workmanship that can fail during the next rain often involving court cases referenced below.
California court recently included a homeowner in its definition of
"employer," sending a strong message to homeowners that they should be
extremely careful about hiring unlicensed contractors.
case is significant to homeowners because it subjects them to potential
liability if they hire an unlicensed contractor to perform work on
their property for which a license is required, if that employee is
injured on the job, even if the homeowner has workers' compensation
coverage in place," said D. Kent Westerberg, an attorney with Atwood,
Haiman & Westerberg in Saratoga.
In the case of Mendoza v. Brodeur (2006), a private homeowner hired an unlicensed contractor to replace the roof of his home. When the roofer became injured during the job and sued the homeowner, seeking compensation for his injuries.
The homeowner claimed the no-fault workers' compensation coverage from
his homeowner's insurance applied, and that he was not responsible for
the costs of the roofer's injuries. California Court of Appeals disagreed.
Glenn Brodeur hired his
neighbor Ernesto Mendoza, an unlicensed roofer, to replace the roof of
his house. On his first day on the job, Mendoza fell from the roof, broke his leg and suffered other injuries. He then sued seeking compensation for his injuries.
Mendoza asserted he was
an employee and, because he was not eligible for workers' compensation
due to his limited amount of work hours with Brodeur, believed he could
sue Brodeur. Brodeur, on the other hand, claimed Mendoza was not his
employee because he was a contractor, and therefore, Mendoza could not
sue him. He also claimed the no-fault workers' compensation coverage
from his homeowners insurance applied, and that he was not responsible
for the costs of Mendoza's injuries. The trial court agreed and
dismissed the case.
Court of Appeals, however, reversed the trial court's decision and
noted that Once an employment relationship is created, the hiring
individual may be sued for any injuries sustained on the job. There is California
law says a person who hires an unlicensed individual to perform duties
that require a license is in fact an "employer." There is no workers' compensation protection for the homeownerin this case because Mendoza had not worked enough hours to be covered by it. The Appeals court then sent the case back to trial to determine the extent of the homeowner's liability to the injured worker.
"Hiring unlicensed contractors can expose homeowners to liability," said Westerberg. "As can be seen from the Mendoza case, simply having workers' compensation insurance is not enough to protect the homeowner.
While most homeowners will probably continue to not be overly concerned
about the contractors they hire to perform minimal tasks or work on
relatively inexpensive projects, because in most cases, the chances of
an injury or something going wrong are minimal, the Mendoza case
reminds us of the problems that can arise when that one project goes
cautioned, "It is better to be safe than sorry and homeowners need to
be prepared and cautious in their selection of laborers or contractors
who will perform services on their property."
[Variations of this article have appeared in local area newspapers.]
Review similar unlicensed contractor Vs. homeowner court cases: http://www.courtinfo.ca.gov/opinions/archive/S107521.PDFrelating
to homeowners subjected to civil liability as an employer because they
had hired an unlicensed contractor. In addition to State Compensation
language in section 2750.5's, homeowners can also become liable not
only for (OSHA) compliance, but (COBRA) health coverage benefits,
sexual harassment claims, collective bargaining agreement enforcement,
and myriad of other obligations they are ill equipped to anticipate or
If you hire an unlicensed contractor or even a licensed contractor operating without workers comp or a certificate of self insured; YOU become the Employer with potential exposure to Employee Injury Claims linked to Expensive Litigation.
Contractors operating under the table is a real problem. In 2006, the (CSLB) reported; "Over half of the State Licensed C-39 Roofing Contractors operated without Workers Comp Insurance!Assembly Bill (AB) 881 amends Section 7125 of the Business and Professions Code signed into law effective January 1, 2007 - Stipulates 'Workers Compensation Insurance' is required for all (C-39) Roofing Contractors or a valid Certification of self-insurance whether or not they have employees. No exemptions will be granted.This new law includes annual Work Comp Audits... Steps like these help to crack down on Lawbreakers making it harder for them to hire the "Undocumented Illegal Alien workforce."Nonetheless, in a effort to cut corners; Lawbreakers continue operating under the table with the undocumented workforce offering a Cheap Price for shoddy workmanship!
Visit http://www.cslb.ca.gov/ to verify the contractors license and whether or not they carry workers comp or a certificate of self-insured.
Don't become a victim!
Construction is a Danderous Business! Don't get dragged into expensive litigation because you hired theLawbreaker!
"Resolving construction defects caused by the lawbreaker represents a large percentage of our business"