(From NY Times Q & A)
When Hiring a Moonlighting Super

Q Is a condominium legally responsible for any damage or personal injury suffered by a building employee while performing a service after hours at a resident’s request in the resident’s apartment? The resident has insurance. Would that cover liability?

A Dennis H. Greenstein, a Manhattan co-op and condominium lawyer, said that a superintendent working on his own time in a unit at the request of the unit’s owner would be regarded as an independent contractor. But he said New York law may hold a condo association liable for accidents to a contractor’s employees in the building, even if the condo board was unaware that the contractor (or superintendent) was working for a unit owner.

The board and unit owners may protect themselves by having the unit owner obtain insurance for both workers compensation and general liability, naming the condo board, all unit owners and the managing agent as “additional insureds.” The unit owner would sign and deliver to the board an agreement accepting responsibility for liability, costs and fees not covered by that insurance. The condo’s insurance may not protect the board or unit owners against liability for personal injury or property damage to the unit resulting from the work performed by the independent contractor.