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Live Webinar

90-minute live streaming program
  • September 24
  • 1:00 - 2:30 pm EST

Who Pays When an Independent Contractor Causes Property Damage?

September 24

Make sure you know who pays the bill when an independent contractor causes property damage during a construction project.

Many businesses hire independent contractors for a multitude of reasons. For example, using an independent contractor for a job rather than an employee may save an employer money, since employers do not need to provide independent contractors with employer-provided benefits or pay independent contractors a salary. Working with independent contractors often provides employers greater flexibility by hiring independent contractors on a project by project basis. Employers may also benefit from using independent contractors because, in most instances, employers are not vicariously liable for the negligent actions of independent contractors.

Although independent contractors are not employees, they are not completely separate from the company and the company may still be liable for any actions or omissions an independent contractor takes or fails to take while performing services for a company in certain circumstances. There is often a fine line between an employee and independent contractor. Just because a hired party is labeled an independent contractor, it does not necessarily mean that they are considered an independent contractor as opposed to an employee under the law.

This topic will navigate through this complex area of law. It will provide a brief overview of what exactly an independent contractor is and the difference between an independent contractor and an employee, and will review the importance of having a written independent contractor agreement. This topic will also review the circumstances as to when the company or the independent contractor is liable in the event the person hired causes damage or performs some other negligent act. Finally, it will turn focus to presenting the best business practices to minimize risks.

Learning Objectives

  • You will be able to identify the factors considered by courts in determining whether a hired party is an independent contractor or employee.
  • You will be able to recognize the importance of written independent contractor agreements.
  • You will be able to discuss the general rules relating to liability for the negligent acts and omissions of an independent contractor.
  • You will be able to explain the differences between independent contractors and employees.

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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Overview
  • Definition of Independent Contractor
  • Definition of Employee
  • Discussion of Factors - Independent Contractor vs. Employee
Independent Contractor Agreements
  • Purpose
  • Written vs. Oral
  • Important Provisions
Independent Contractor vs. Hiring Party Liability
  • Party in Control
  • Vicarious Liability
  • Respondeat Superior
  • Exceptions to the Rules
Who Pays When the Independent Contractor Causes Damage?
  • Vexing Issue in Litigation
  • Comes Down to Factors Considered by Courts
  • Possibility That the Hiring Party, the Independent Contractor, or Owner Is Liable
Risk-Shifting to Protect Your Company
  • Necessary Terms in a Written Agreement
  • Proper Investigation of Chosen Contractor
  • Insurance Issues
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

Live Webinar Registration

  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • AK ENG 1.5
     
  • This program is applicable for professional development hours through the Alaska State Board of Registration for Architects, Engineers and Land Surveyors. Professional development hours: 1.5.
     
  • AL ENG
     
  • This program is applicable for professional development hours through the Alabama Board of Licensure for Professional Engineers and Professional Land Surveyors. Please note: The Alabama Board of Licensure for Professional Engineers and Professional Land Surveyors does not preapprove courses.
     
  • FL ENG 1.0
     
  • This course has been approved for 1.0 PDH by the Florida Board of Professional Engineers in the Areas of Practice.
     
  • GA ENG
     
  • This program is applicable for professional development hours through the Georgia State Board of Registration for Professional Engineers.
     
  • IA ENG
     
  • This program is applicable for professional development hours for engineers. Please refer to Chapter 3, 193C IAC.
     
  • ID ENG 1.5
     
  • This program is applicable for 1.5 professional development hours through the Idaho Board of Professional Engineers and Professional Land Surveyors.
     
  • IL ENG 1.5
     
  • This program is applicable for 1.5 professional development hours through the Illinois Society for Professional Engineers.* *Please check the rules and regulations in your state for compliance.
     
  • IN ENG 1.8
     
  • This program is applicable for 1.8 professional development hours through the Indiana State Board for Professional Engineers.
     
  • KS ENG 1.0
     
  • This program is applicable for 1.0 professional development hours for engineers.* *Please check the rules and regulations in your state for compliance.
     
  • LA ENG
     
  • The Louisiana Professional Engineering and Land Surveying Board (LAPELS) no longer approves providers or courses. Lorman Business Center, LLC. feels that this course is worth 1.5 PDH(s). According to LAPELS' rules, It will be the responsibility of the licensee to determine if a Course/Activity offered by an unapproved sponsor/provider is an Acceptable Activity.
     
  • MD ENG 1.5
     
  • Lorman Business Center, LLC. is a board approved sponsor with the Maryland Board of Professional Engineers. This course qualifies for 1.5 professional development hours.
     
  • ME ENG 1.5
     
  • This program is applicable for a maximum of 1.5 hours toward the annual PDH requirement. Please note: The State of Maine Professional Engineers Registration Board does not pre-approve courses for professional development credit.
     
  • MI ENG 1.5
     
  • This course is applicable for 1.5 professional development hours for engineers in Michigan through the Michigan Department of Licensing and Regulatory Affairs Corporations, Securities & Commercial Licensing Bureau.* *Please check the department rules and requirements for compliance.
     
  • MN ENG 1.0
     
  • This course is applicable for a maximum of 1.0 hours toward the PDH requirement for engineers. Please note: The Minnesota State Board of Registration for Engineers has final authority on the acceptance of individual courses.
     
  • MO ENG 2.0
     
  • This course is applicable for 2.0 PDH's through the Missouri Board for Professional Engineers.
     
  • MS ENG
     
  • This course is applicable for professional development hours through the Mississippi State Board of Registration for Professional Engineers.
     
  • ND ENG 1.5
     
  • Lorman Education Services is an approved provider through the North Dakota State Board of Registration for Engineers and Land Surveyors. This seminar qualifies for 1.5 of continuing professional competence for engineers.
     
  • NE ENG
     
  • This course is applicable for professional development hours for engineers if the course is continuing engineering education for you.* *Please check the rules and requirements in your state for compliance.
     
  • NH ENG 1.5
     
  • This course is applicable for 1.5 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance. The New Hampshire Board of Engineers has final authority on granting approval.
     
  • NJ ENG 1.0
     
  • Lorman Business Center, LLC. is authorized as a provider to offer courses through the New Jersey Board of Professional Engineers. This course is applicable for 1.0 CPC credits for engineers. * *Please check the NJ State rules and requirements for compliance.
     
  • NM ENG 1.5
     
  • This course is applicable for 1.5 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • NV ENG 1.5
     
  • This course is applicable for 1.5 professional development hours through the Nevada State Board of Engineering and Land Surveyors.* *Please check the rules and requirements in your state for compliance.
     
  • OH ENG
     
  • This course is applicable for continuing education credit for engineers through the Ohio State Board of Licensure for Professional Engineers provided it is a relevant managerial, ethical or technical topic relevant to the practice of engineering or surveying.
     
  • OK ENG
     
  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • OR ENG
     
  • This course is applicable toward engineering continuing education hours in Oregon, please refer to your rules and laws.
     
  • PA ENG 1.8
     
  • This program is applicable for 1.8 PDHs for engineers through the Pennsylvania State Board of Professional Engineers, Land Surveyors and Geologists.* *Please check the rules and requirements in your state for compliance.
     
  • SC ENG 1.5
     
  • This course is applicable for 1.5 hours toward the PDH requirement for engineers through the South Carolina Board of Registration for Professional Engineers.* *Please check the rules and requirements in your state for compliance.
     
  • SD ENG
     
  • This course is applicable for professional development hours for engineers in South Dakota.* *Please check the rules and requirements in your state for compliance.
     
  • TN ENG
     
  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • TX ENG
     
  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • UT ENG
     
  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • VA ENG 1.5
     
  • This program is applicable for 1.5 hours of continuing education through the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects (APELSCIDLA BOARD).* *Please check the rules and requirements in your state for compliance.
     
  • VT ENG
     
  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • WI ENG 1.5
     
  • This course is applicable for a maximum of 1.5 hours toward the PDH requirement for engineers.* *The Wisconsin Engineer Section has final authority on the acceptance of individual courses and providers.
     
  • WV ENG 1.5
     
  • This course is applicable for 1.5 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • CPE 1.8 including Business Law 1.8
     
  • Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: www.nasbaregistry.org. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.8 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Business Law for 1.8 hours. Prerequisite: . Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board. Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.
     
  • Lorman Business Center, LLC. is a registered provider for CPA CPE through the State Education Department of New York, Sponsor number: 000640. The following course will carry the subject area of Specialized Knowledge and Applications for 1.5 hours.
     

Who should attend?

This live webinar is designed for presidents, vice presidents, engineers, architects, project managers, contractors, subcontractors, developers, contract administrators, construction professionals, accountants, CPAs, and attorneys.

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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Mark B. Grzymala

Mark B. Grzymala

Grzymala Law Offices, P.C.

  • Principal of Grzymala Law Offices, P.C. and focuses his practice in commercial litigation and construction law
  • Represents a variety of clients from the small business owner to Fortune 500 companies
  • Experienced litigator representing all players on a construction project with respect to mechanics lien foreclosures, bond claim enforcement, construction defects and delays, breach of contract, and consumer fraud
  • Named as a Rising Star by Super Lawyers magazine in 2016, and as a Super Lawyer in construction litigation for 2017, 2018, 2019 and 2020
  • Frequent speaker on construction law issues and author of several articles on contractor rights
  • Member of the ABA Construction Law Forum and Charter Fellow of the Construction Lawyers Society of America
  • J.D. degree, Chicago-Kent College of Law; B.A. degree, University of Illinois at Urbana-Champaign
  • Can be reached at 847-920-7286 or grzymalalaw.com
Joseph Kwaitkowski

Joseph Kwaitkowski

Grzymala Law Offices, P.C.

Joseph F. Kwiatkowski

  • Associate attorney at Grzymala Law Offices, P.C. and focuses his practice on commercial litigation and construction law
  • Represents a variety of clients, range from small businesses to large companies across the State of Illinois
  • Has litigated numerous cases relating to breach of contract, fraud, employment issues, mechanics lien foreclosures, eviction, and other business disputes
  • Experienced in employment and commercial law
  • Member of the ABA Construction Law Forum
  • J.D. degree, Chicago-Kent College of Law; B.A. degree in political science and history, University of Illinois at Urbana-Champaign
  • Can be contacted at 847-920-7286 or grzymalalaw.com
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 407342
Published 2021
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