Before doing or signing any contract, your counsel should be engaged to review any contract and provide the expected requisites before a contract is accepted by way of a rider.

No matter if a contractor is listed with the City or jurisdiction (i.e., in Westchester with the County, etc), the board's obligation is to demand from the contractor to provide certificates of insurance, extended to the co-op, its directors, officers and shareholders as additional insured and PROOF of worker compensation insurance.

The contract should be valid contingent on satisfying the insurance portion. Similarly, your board should protect itseelf by stating that no subcontractors are allowed for the work.

In the event of a sole proprietorship, there are jurisdictions that waive the need for worker compensation insurance. IN such a case, the co-op should have a waiver of claim against its insurance for the sole owner and worker to sign.

Finally, know the work and what would be the manpower requirements i.e., a person who scrapes floor can do it by himself; a painter can paint on his own without a helper; a bathroom renovation requires a helper, etc. This advice is given so that when reviewing renovations of shareholders the co-op will be able to properly cover and demand the right insurance.

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pls see the quesiton. thanks

To stop work in a building being performed by a contractor and or his subs, Management or the superintendent simply tell the contractor to stop work. Before work can resume, contractor needs to satisfy management that the reasons for the stoppage have been cured.
Pgrech

The contractor and his workmen have to get into the building through the service entrance? The Superintendent must be there and turn them away until they cure the violation or get the necessary paper work done that is how you stop the work from being done.

thanks mike - unfortunately the super is part of the problem. he is benefiting directly. if you catch my drift. we, the neighbors, are concerned. the board nd management is in rip van winkle land. so? what to do?

If you or the Board/Management Company have proof that the Superintendent is taking money, then you should have enough proof to terminate him/her! If no proof, then it is a dead issue.
Good luck to you.

I must disagree on you opinion about NO subcontractors are permitted to work. A contractor may need to bring in a licensed plumber or electrician for certain portions of the work. Not to allow the contractor to bring this subs in would mean the contractor would have to have his crew do the work which in it self may be a violation. Subs are needed, but they are to be used in the right way... insurance, licenses and permits where and when needed. There is work done by a plumber or electrician that do not need a permit but do need a license.
Pgrech

In the event of a GC with plumbing requirements, I always stipulate that the GC must name the plumber, provide his license # and also their own insurance. The same goes for an electrician.

Papers should be completely checked. After all, allowing a GC to assume responsibility for plumbing w/o accredidation will be "in it self may be a violation".

Thanks for the opportunity for further clarification.

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The information is listed in the original package submitted to the Board. Even if the contractor working is not listed with Consumer Affairs (I am assuming since you are making these allegations that you checked?), does not mean that they are not insured. There is no way for you to publicly find this out since the insurance can from several companies. NYS Workman’s Comp will usually verify for you, but it can also come from AIG or some other companies.... Point is: be sure before you act.

Also, did the primary contractor name the sub as additionally insured in the alteration package?

After all these probably useless points are said... if there is an accident, the GC is still responsible, and the SH is also jointly responsible for anything.

It is the Boards responsibility to obtain the alteration package and review and approve it, not to police and investigate the companies.

I suppose, the question then is, why does it matter?
(I ask with respect, just trying to understand)


~AR

it has been illegally done frmthe start with at least one violato so far. they have manuvered it every which way through the city buerocrary o get in the unlicensed copany. it is unethical and dangerous to the resicence of the coo;. that is why.

If what you say is true, I assume you have proof of this?
Then the Board did not approve it, and thus should stop all work and fine the shareholder.

However, if the Board did receive a full package and approved it based on the plans and information provided to them, and the proposed contractor is insured and licensed and a proper permit was filed, and obtained, the only possible violation of rule I can imagine is the alleged hiring of an unlicensed sub by the approved contractor. In which case, the contractor themselves are liable, they will have to pay the workman’s comp to cover any checks written to a possibly non-covered party or employee, and the contractors liability insurance will most definitely cover in case of accident or claim; and if, by chance something does get by, the shareholder is still responsible.

All that said, with you as a shareholder who is on the sideline of this whole process and not part of the original approval & review process, your hands are tied. I suggest you run for the Board next term so you can be a part of the processes going forward.

~AR

I agree with your message. The time to review is before not during or after.

If the renovation may mean taking walls down and reconfiguring an apartment, building permits will be required, an engineer or architect and even change of occupancy for the builidng if two or more units are combined.

The sponsor is the only one that may retain certain right of "not informing" the board regarding combining units, but the co-op should know about open building permits and changes in occupancy. Also, the co-op may demand from the sponsor insurance from its GC's.

In the event of shareholders doing renovation, the burden is ON THEM to provide the paperwork and ascertain that their contractors are not a fly by night organization.

The board should have in WRITING with DRAWINGS the renovation plan, with all the GC requirements including plumbers and electricians licenses, etc. in order to (a) approve in a simple project (b) give it to the co-op engineer to review and ensure that there are issues with the submitted plan of alteration or renvation.

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