R.G. from Litchfield County writes:
Dear Mister Condo,
We are hiring a gardener for our three-condo home and the Association is considering having a provider that does not have insurance or worker’s compensation insurance. Can they just sign a release or is it required by law in Connecticut that all workers for a condominium have insurance?
Mister Condo replies:
R.G., there is a popular idiom that reads “penny wise and pound foolish” which refers to the practice of saving money upfront but putting yourself in a situation which may cost you dearly in the future. The hiring of uninsured workers falls clearly into that category of potential risk for the association, which could cost itself dearly if there is ever a mishap with this worker who then decides to sue the association for his damages. While I am not aware of any law that requires the association to hire only insured contractors for association work, it may be a requirement in your governing documents and it is most certainly in the best interest of all association members that only insured contractors be allowed to work on association grounds.
Has the association sought bids for this work from any insured gardeners? I realize that a three condo association may not be the most desirable of accounts for a larger landscaping firm but bids should be sought and insurance for the workers should be required as a bid specification. That way, the association can select the best choice for them and protect the association from potential liability in the event of a mishap. All the best!