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CONTRACTOR LETTER

                                                                                                            John Marcus

                                                                                                            P.O. Box 1011

                                                                                                            Canandaigua, N.Y. 14424

                                                                                                            585-478-4611

                                                                                                            www.johnmarcus.net

 

Dear Contractors,

            I John Marcus am an Independent Contractor who provides a service within the Construction Industry by bid or by the hour as contracted by the Contractor. I am responsible for my losses or profits and all insurances as Construction liability as needed for a job. I am not required by law to have to have Worker's Compensation Insurance because I do not have employees. I do not hire employees but do have sub-contractors perform work on projects, If they have employees they are required by law to have their own Worker's Compensation Insurance but if there are no employees, none is required. I file with the Federal and State government as an Independent Contractor and file a 1099 for sub-contractors. I provide my own tools and equipment for a job and are responsible for my own safety on the job. Any Sub-Contractors within my contract are responsible to use their own equipment or to use any equipment making sure of safety features and safety of equipment before use. I am not required by a contractor to be at a job at a specific time other than for the purposes of being courteous to Contractor, Owner or starting at a respectable time as by law. I also provide Construction Services to other Companies as they contract me my company for a specific job. No Contractor represents me or my Company to its customers other than to provide my qualification and standard performance as asked by the Customer.

            Now an issue which maybe a problem is that New York State Law has given the Worker's Compensation Insurance Auditor the right or discretion to make you pay Worker's Compensation on any Sub-Contractor without their own Worker's Compensation Insurance even though they do not have employees. I am not responsible for what the Worker's Compensation Insurance Auditor says or forces you as a Contractor to pay. Though I make you aware that once you pay Worker's Compensation for a Sub-Contractor without Worker's Compensation Insurance, the State of New York could enforce you to make payments on other benefits of Labor Standards as Prevailing Wage, Unemployment Insurance and Overtime Pay.

            I also make you aware that if Worker's Compensation Insurance forces you to pay insurance for a Sub-Contractor without employees, they do not ask for the information of the Sub-Contractor to whom you paid for. If Worker's Compensation is paid for on a Sub-Contractor which does not have employees, then information of the Sub-contractor should be given to your Worker's Compensation Insurance Company to qualify the Sub-Contractor for Worker's Compensation Insurance if injury has occurred which may in future or in present need of medical attention or injury has caused loss of work on a Job which you have hired him for. Take your own precautions and make sure to have Sub-Contractor which has been injured on your job to fill out injury reports.

           

Thank you,

John Marcus             

Here is a link to the NYS Construction Industry Fair Play Act  http://www.labor.ny.gov/legal/construction-industry-fair-play-act.shtm
JOHN MARCUS
P.O. BOX 1011
CANANDAIGUA, N.Y. 14424
Phone: 585-478-4611