Location: San Francisco, CA
A neighbor has asked for access to our property to have his painter paint the side of his home. Our deck directly abuts his house, so this is the only access possible.
I have no problem giving access, but have requested that the neighbor have their painter list our property as "Additionally Insured" under his liability insurance before beginning work. The neighbor has stated that since no work is being done on our house, and it's only used for access they can't "legally do that".
Is there somewhere I can point the neighbor to that lays out the process for such work and the legal/insurance requirements?
Your neighbor is wrong. That's absolutely something they can do; the painter probably communicated poorly to their insurance guy, or they're just saying that because it costs them more and they don't want to do it. Additional insured for the property owner of the easement I will be utilizing to perform this work is not a new concept.
They probably already have a blanket AI clause for any written contract. I would just draft a simple contract.
If it was my home, I'd be more concerned if the painter (or more likely their subs) even have insurance. I'd want a simple COI showing liability and WC in force.
It's painting after all. Overspray and WC issues are the major risks. I'm sure something exists, but on other liability I can't imagine a situation where the 1st neighbor has any path to sue the neighbor he asked for access based on something the 1st neighbors contractor did.
Overspray isn't the major risk. The major risk is the painter getting hurt while on OPs property, the painters ladder falling and taking out the electrical line to either house, the painters ladder falling from OPs porch and taking out the neighbors $5000 window (resulting in the neighbor suing the painter and OP), a bucket of paint falling and ruining either houses air conditioner, etc.
And OP is asking to be named as additionally insured on the painters policy, not the neighbors personal insurance policy, so OP is already asking for the painters COI but with their name added.
NAL- I'm curious, have you seen proof the neighbor's contractor even has proper insurance? Is he a licensed contractor? Or, is it a cash job type of deal, and they made this up to cover their butts?
It doesn't really matter what their situation is though, because it isn't your problem. Do not allow them access without proof of full coverage for your property. If his contractor's current policy will not provide it, then it is his responsibility to ensure you will not be liable in the event your property is damaged or someone is injured. The onus is on him to find a solution, not you.
Provide proof of insurance and go ahead. No insurance, no access. No point in arguing and creating bad blood between neighbors. This is a very reasonable request, there is no need to negotiate. Your only response should be "That's too bad, hopefully you guys can get something sorted out soon. When you do get it sorted just send over the paperwork please so we can have a quick look before yours guys get started. Thanks!"
And hope you have cameras setup for when they try to do it while you're out at work...
It's unfortunate that they won't be able to get their house painted. Not your problem though.
Being a dick to your neighbors definitely becomes a problem where I come from.
There are simple steps this poster can take to protect himself AND let his NEXT door neighbor get their house painted.
You have missed the forest through the trees.
Yes. There are simple steps. Like getting the painter to include OP's house on the insurance. How in the hell do you not see refusing to insure OP's property as a dick move, but saying "Yes, of course you can enter my property to get your house painted, no problem at all, just have the painter include my house on the insurance" is somehow being a dick??
Including OPs house on the insurance means nothing. That's not a thing. You don't know what your asking for and that thing can't happen anyway. But your willing to screw over your neighbor because you read something on Reddit you don't understand and is outside your depth of knowledge? Dick move and definitely will get you a reputation in my area.
Simples steps: 1. Easy written contract that grants access on a specific time and has a couple of provisions. Less than a page in length. Tons of examples on the Internet. This is slightly performative, but courts do like to see it if things go south. 2..Require a COI from the painter that shows he has GL and WC insurance. No special endorsements. No back and forth over AI stats or wording.
It's painting a house. It will be ok. OP has a homeowners insurance policy to cover them and dispite what people say this is routine.
I’m an insurance professional but not a lawyer. Additional insured applies to people and entities, not properties. You want yourself to be listed as additional insured. Note that this protects you against claims others make against you.
Damage to your property would be a direct claim by you against the contractor doing the work. Additional insured status wouldn’t affect that claim.
Insurance guy who works with contracts all day/every day - not a lawyer.
Ideally, you have a license/access agreement where both neighbor-owner and painter are jointly and sever-ably liable for any claims arising out of their acts and omissions while accessing your property, with both parties agreeing to indemnify, defend and hold you harmless from any such claims.
This should not be limited to “third party” claims - it must apply to all claims.
Contract should also be clear that if your property is damaged, it is their duty at your option to repair and replace or pay the cost to repair and replace that property.
Owner’s COI should show General Liability/Personal Liability including you (or the homeowner, if not you) as an additional insured with a waiver of subrogation in your favor, and the certificate should clearly reference the activity, addresses etc.
Painters should add Workers Comp to that mix also with a Waiver of Subrogation in your favor. Do not accept “they’re all contractors” as an excuse.
This language should adequately protect you from claims caused by this project whether or not you or some other party are the claimant, and also prevent the neighbor or painter’s insurance from wrapping you up in a claim.
I suggest reviewing this advice further with your insurance professional as well. You can also suggest your attorney will draft a contract at their expense.
He has no insurable interest, but you could get coverage on your own for the duration for potential damages and have the other guy pay the cost.
If not, reach a separate contractual agreement with the owner that he will cover any accidental damage to your property during the work.
To clarify, you are claiming the painter has no insurable interest?
The neighbor has no insurable interest in OP’s home.
The painter absolutely has an insurable interest in the property they are on while painting, even if the paint is being applied to a different property than the one they’re standing on during application.