I work and employed full time with my dad for his company. I recently had an opportunity to pick up some side work for another local company who had a crew quit on them. If I did I would be just an independent contractor but using the equipment and tools from my main job. My dad doesn't have a problem just a concern that if they calced something wrong and it got layed out they could possibly come after our professional liability insurance. He said he's seen lawyers twist stuff up like this before. I'd really like to do this as this would be some good xtra side cash I really need right now but cant put any risk on our company this is in Florida by the way.... Any thoughts would be much appreciated!
Does you father own the company and or equipment?
If not, then you need to clear it with somebody else. As a manager of a survey department I would never give anybody the OK to use the equipment for side work for all the reasons?ÿ your father mentioned. A traffic accident or any on-site mishap could bring down all kinds of nasty repercussions on the company that provides your daily bread and butter.
I am really against anyone, family or friends, using my equipment outside of my services to survey for others be it as an individual or under contract to another firm without a clear understanding of my being compensated for the use of the equipment and the need for its safety and care.
A simple no is my answer to the question.
The safest way to work for or under another firm without being held responsible is that of an employee and most other companies would not pay what I would would demand.
If you lease the equipment from him, then I think this would protect his company. Get a lease agreement in place to put a wall between his company and yours.
So now the only connection between the two of you is that "Junior Layout Company" rents the following equipment from "Old Man Survey Co" for X dollars per month.
He Owns the company has since 2004, We are in a finance plan for the equipment which means technically we are leasing it from them until the $1 buyout at the end. But the only issue I see with creating a sublease which may violate our lease agreement terms with the other company as I wouldnt be holding the proper insurance. I maintain the equipments safety on a daily basis and this work would only be building pads and square outs for forms so I'd not be more than 100 feet from the gun and it would not be in the road. I think I got it figured out thanks for the inputy guys.?ÿ
Why not just have the Company you want to lay the pads at for, just hire your dad's company to lay the pads out??ÿ
If the local company that had a crew quit on them (A WHOLE CREW QUIT) wouldn't they have the equipment for you to use on their job? Oh, I don't like this.?ÿ
If the local company that had a crew quit on them (A WHOLE CREW QUIT) wouldn't they have the equipment for you to use on their job? Oh, I don't like this.?ÿ
No kidding.?ÿ This situation sounds like a lawyer's wet dream.
If the local company that had a crew quit on them (A WHOLE CREW QUIT) wouldn't they have the equipment for you to use on their job? Oh, I don't like this.?ÿ
No kidding.?ÿ This situation sounds like a lawyer's wet dream.
Yep thats what I was worried about
Why not just have the Company you want to lay the pads at for, just hire your dad's company to lay the pads out??ÿ
He won't touch it because then it puts all the liability on us.
If the local company that had a crew quit on them (A WHOLE CREW QUIT) wouldn't they have the equipment for you to use on their job? Oh, I don't like this.?ÿ
I'm assuming they are using guys that have their own equipment and paying them per job not uncommon around here. If I was to do this I'd want to use the Robotic TS we have 1 man dont really wanna train a rod man for piecemeal saturday work. But from the sounds of this I can't touch this with a 10 foot stick without opening us up to a lot of liability whelp there goes making some nice side $$.?ÿ
If the local company that had a crew quit on them (A WHOLE CREW QUIT) wouldn't they have the equipment for you to use on their job? Oh, I don't like this.?ÿ
I'm assuming they are using guys that have their own equipment and paying them per job not uncommon around here.
The IRS would like to have a talk with them.
Turn this job down, it's not worth the headache, if you need extra money go out and find some new clients.
I don't know FL law but I suspect that you'd:
1. Need a business license for your "Side Work" sole?ÿproprietorship
2. Need to be a licensed PS, PLS, LS or whatever
3. Need professional and general liability insurance (optional if you own nothing and are working for someone that doesn't care - if they don't care, you probably don't want them as a client)
4. Need to make sure your vehicle insurance covers commercial activities - it probably does
5. Rent gear from your local survey equipment shop
6. Be sure not to hire anyone to help (workers comp, payroll taxes, etc. - this can get nasty if you hire someone who says "pay me under the table" and then changes their mind - like after they get injured)
It would change your year end taxes somewhat.?ÿ
You could do it - it's just not as simple as a person might first think - it might be a great opportunity for you to strike out on your own.
My thoughts are:
Just say no...
You could look into becoming an actual employee of the other company.?ÿ No way I'd get involved with it the way you are describing.?ÿ ?ÿToo much risk for you and your dad.?ÿ?ÿ
If there is that much time to look for extra work, go after it as the family company.?ÿ?ÿ
?ÿ
"My dad doesn't have a problem just a concern that if they calced something wrong and it got layed out they could possibly come after our professional liability insurance."
Your Dad is correct, I would not touch that job.?ÿ ??ÿ
If there is that much time to look for extra work, go after it as the family company.?ÿ?ÿ
That's the best post in the thread.
The other company can hire you as a part time employee and you can rent them your dad's equipment by the hour.?ÿ Father knows best.