No Insurance

[Kline]

What is the name of your state NYC

I started a heating service llc where Im the only worker.
Start-up has been very slow for 1 year now.
I sub-contract some work from a general contractor 6 months ago.
He ask for certificate of insurance I explain I don't have it neither I can afford $4000.00 for insurance
He gave me the job for half the price said his insurance will cover me while I'm on the job.
The job is complete with no incident that would require insurance.
Come to final payment he wants a certificate of insurance from me or he will not pay me.
He said I can take him to small claims court with out insurance I get $0.00
I read somewhere NYS does not require business to have insurance.

What are my rights?
And how should handle this situation?

 

[justalayman]

what kind of insurance are you speaking of?



does your contract (written) require you to have that type of insurance insurance?

was this in NYC, NYS or just NYS?

 

[Kline]

No written contract just oral agreement.

Queens New York.

 

[Kline]

I think General Liability and wokers comp, he wasn't specific when I ask for my last payment when the job was done.

 

[sandyclaus]

What is the nature of the work this "Heating Service LLC" performs? And what was the nature of the work you performed for this particular customer? The answer is important.

 

[Kline]

It's a new apartment building, where allot of the heating units weren't not working properly or not working .
The general contractor works for the owners. The general contractor brought me in only to get all heating units operational.
While I was paid for the 75% of the work I did in the begining, when I tried to get my final payment, he said no insurance no payment

 

[Zigner]

Are you properly licensed to do the work that you did?

 

[Kline]

Licensed 100% or he wouldn't have me worked on the property.
For no insurance- he knock my prices down.

 

[You Are Guilty]

Do you have any employees or is it just you?

And which kind of insurance are we talking about? Workers Comp? General Liability?

But generally speaking, if you are a sole proprietor, you do not need to maintain insurance (gl or wc) in New York. It's usually a bad idea, but its your choice to make. (http://www.nyc.gov/html/dca/html/licenses/100.shtml)

What could prevent you from suing is if your license doesn't exist/is incomplete (there are a lot of things to do to keep your license in good standing, like providing proof of your bond every year. See here: http://www.nyc.gov/html/dca/html/licenses/100.shtml.

Further info:
http://www2.nycbar.org/Publications/construc.htm
http://nymechanicsliens.blogspot.com/2009/04/unlicensed-contractor-cannot-file-lien.html?m=1

 

[Kline]

You guys a totally useless.
Why do you ask questions, and cant respond to the answers?

 

[justalayman]

You guys a totally useless.
Why do you ask questions, and cant respond to the answers?

You got an answer. Do you have trouble reading?

 

[Kline]

See useless again! just your point of responding-not helping
I had to repeat myself a few times. Maybe you should read properly and see who has the reading problem.

 

[justalayman]

See useless again! just your point of responding-not helping
I had to repeat myself a few times. Maybe you should read properly and see who has the reading problem.

are you always so ungrateful? That Karma thing's a bitch, ain't it?

but here, since you still have reading problems:

You Are Guilty
Do you have any employees or is it just you?

And which kind of insurance are we talking about? Workers Comp? General Liability?

But generally speaking, if you are a sole proprietor, you do not need to maintain insurance (gl or wc) in New York. It's usually a bad idea, but its your choice to make. (http://www.nyc.gov/html/dca/html/licenses/100.shtml)

What could prevent you from suing is if your license doesn't exist/is incomplete (there are a lot of things to do to keep your license in good standing, like providing proof of your bond every year. See here: http://www.nyc.gov/html/dca/html/licenses/100.shtml.

Further info:
http://www2.nycbar.org/Publications/construc.htm
http://nymechanicsliens.blogspot.com/2009/04/unlicensed-contractor-cannot-file-lien.html?m=1