Page 33 - Chicagp Fall EXPO 2019

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Men in Sewers is a Chicago based, licensed and insured MBE/WBE certified sewer maintenance and construction company. then the association should hire a licensed experience or the knowledge of an outside contractor to perform the work. If a permit contractor who performs the type of work in is required, then the board should appoint a question day in and day out.” specifi c member to apply for that permit. • OSHA standards: Under OSHA, em- ployers are responsible for providing a safe notes, there are other disadvantages outside of and healthy workplace. If the board is direct- ing in-house staff to perform some main- tenance or repair that require specifi c stan- dards be met, the association must rise to the glect or otherwise be diverted from other im- occasion. If a staff er injures themselves and portant tasks or jobs within the association. the board had failed to review proper OSHA Th is may have some unintended consequenc- standards prior to commencement of work, es for the association, and create further is- then the association may be held liable. A Day’s Work Rather than dispatching a handyperson or repair project, and the association should to perform a job and only then bringing in ensure that the job is included in the scope of an outside contractor if that task proves too work that the particular employee is trained daunting for on-site personnel, a board owes in and authorized to perform. Requesting that it to the association to have some ground an employee perform a job or task outside rules as to what types of projects can be undertaken in-house and what cannot, lest someone accrue property damage or- -even worse--get in- jured. “Plumbing is one area that many build- ings try to ensure that their staff is quali- fi ed to handle,” says Th omas D. Kearns, a partner with the law fi rm Olshan Frome Wolosky LLP in New York. “Plumbing is- sues arise regularly, and having skilled staff on-hand that can handle the basics is a real ing projects, snow removal, landscaping and convenience and cost-saver. Areas that should those types of services,” says John E. Shaff er, generally be avoided include major exterior an attorney with Marcus, Errico, Emmer & pointing projects, or anything involving elec- tronics that are beyond the expertise of the and New Hampshire. “I actually feel as if cli- staff . Th ese days, thermostats, elevators, and ents do not involve an attorney as much as security systems all tend to be quite sophis- ticated.” Th e obvious advantage of addressing potential liabilities, and it’s our job to protect an issue without bringing in a contractor is an association and its unit owners. Anyone that an association would presumably utilize doing anything on an association’s behalf is someone whom they’re already paying, thus a potential source of liability. Bad things can there is no additional cost. Also, the associa- tion would also have greater control as to how lawn.” the work is performed. Th e downside, as Ed- ward J. Mackoul, President of Mackoul Risk avoids much of the legal paperwork associ- Solutions, which has locations in New York ated with a contractor, it’s imperative that an and New Jersey, points out, is that “if the staff causes damage or injury, the association has by staff is well within its means, or else those nobody to whom they can transfer risk. If precious pennies saved may quickly turn into they were to hire a contractor and dot their I’s a substantial debt. and cross their T’s, were the association to be sued in the event of injury or damage caused by the contractor’s work, they could rely on theme thus far in regard to whether or not a that contractor’s insurance policy to provide job can be sourced locally, it’s worth delving them with coverage. With the staff doing the further into the specifi c requirements thereof. work, the association’s only recourse is its own insurance. Also, the staff may not possess the And, as Kelly C. Elmore, a principal with the law fi rm Kovitz Shifrin Nesbit in Chicago, liability when it comes to taking on a project in-house. “Staff members who are tasked with a large maintenance or repair project may ne- sues. In addition, there may be certain liability risks associated with a specifi c maintenance his or her scope of work could also have certain insurance and other legal con- sequences for the association.” An outside vendor is re- ferred to as a ‘contractor’ for good reason – there’s an ample amount of pa- perwork that must be signed before a job can commence. “I do a lot of contracts for roofi ng projects, sid- Brooks, which has offi ces in Massachusetts they should, as these documents really should be reviewed. All of those services come with happen even if someone is just mowing the So, given that utilizing an on-site employee association ensure that any work being done Insure Success As proper insurance has been a running “If a building staff member is doing work “Staff members who are tasked with a large maintenance or repair project may neglect or otherwise be diverted from other important tasks or jobs within the association.” — Kelly Elmore continued on page 39 See us at Booth 504