Subcontractor Liability

[dan81ny]

I have a handyman who is not insured.He is currently only doing
yardwork and gardening.I need a large tree cut down and he has
the eqipment and experience to do the job.Will a mutual release form
protect us both from any liabilities that may arise?

 

[dee_dub]

Protect you from whom?

If, say, he were to cut down a tree and it landed on Mr. X, no agreement between the two of you will take away Mr. X's legal right to sue.

What you probably want is an indemnity: he agrees to indemnify you in the event Mr. X sues you. But if he doesn't have insurance, that may be of limited usefulness. How is he going to indemnify you for the hundreds of thousands of dollars Mr. X might receive in judgment against you for medical bills, pain and suffering, etc.?