If a contractor breaks a tool who pays?

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I have a contractor over right now installing a fence and puring a concrete step. He broke a tool and said that I would have to pay the cost. He won't be done for a couple of hours still so I'm wondering if I really should be paying that cost?
How do I know the tool wasn't broken to begin with or worn out so that it could break at any time?
Any thoughts?
Thanks.
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|I have a contractor over right now installing a fence and puring a concrete | step. He broke a tool and said that I would have to pay the cost. He won't | be done for a couple of hours still so I'm wondering if I really should be | paying that cost? | | How do I know the tool wasn't broken to begin with or worn out so that it | could break at any time? | | Any thoughts? | | Thanks. | |
His tool, he broke, it's his problem (I'd think). All you care of is the job done right.
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Unless you have a cost-plus contract. Then you pay for worn-out tools, gas for the generator, etc. I found that out the hard way.
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Vidkid72 wrote:

If his vehicle takes a dump on the way to your house to do your job, would you pay to fix it?

Ask him. He sounds like a completely honest guy...
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Are you still laughing? You should be.
Tools are just a part of doing business. They wear out, they break, they cost money. Not your problem at all. Just tell him he should have been ore careful and he should buy better tools. Reality is we all pay for the tools our contractors use. That is part of the price you pay, along with insurance, his truck payment, pencils and all the cost of doing business.
There may be an exception of a special tool he has to buy up front that would never be used again. In that case, you would pay for it, but then you would own it, not him.
Let him take you to court so everyone has a good laugh.
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That (cost of tooling) should be in the terms of the deal from the beginning, just like labor and materials.
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He's absolutely correct, it is your responsibility,in fact if you'd email me your address, I'd like to stop by with my ailing old work van. I'm sure I could get it to die on your driveway!!! Just kidding , Legally, unless you've agreed to something different, his tools are under his care and control and not your responsibility

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Refuse to pay for it, and if he complains, hand him the telephone number to the State Contractor's Board. Tell him that you disagree that you should have to pay for the tool, but will do whatever the Contractor's Arbitration process instructs you to do. HE must file with the CB, not you. You just have to answer if he is stupid enough to make a complaint.
If he is a contractor, he knows that what he is asking is laughable. If he is not a contractor, he won't do a thing.
I recently had a handyman who broke a tool during a remodel. He wanted me to pay for it. I told him to return items that he kept from during the remodel, including an expensive saw blade. He changed his mind.
It is a good thing for all to state that a workman covers his own tools, but it is so laughable. Only the inexperienced or unethical would ask to be paid.
Steve
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Who is this guy? Is he really a Contractor that earns the bulk of his income from contracting jobs? Or is he just a friend of a friend who is employed elsewhere and just does odd jobs on the side? Lots of Firemen moonlight as Contractors. I can't believe a REAL Contractor would even mention a broken tool. How expensive is the broken tool to replace? Does the Contractor own the tool, or did he rent or borrow it? I would be more concerned that he has Worker's Compensation (may be called OSHA or something else where you live) coverage in case he gets injured while working on your property.
Please let us know how this situation turns out.
Des

concrete
won't
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Vidkid72 wrote:

Sign in a children's bookstore (about 3' from the floor): "You bite it, you bought it."
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wrote:

LMAO
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If you own the tool he owes you !
If he owns the tool he needs to learn how to use it properly so it does not;t get broken !

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You must pay for the tool and any wear and tear on others that are not broke. It is standard since you hired him as a laborer and any extras are just that, extras. Standard is replacement cost plus 10% for overhead and 10% for profit. No exceptions~!
-- Troweller^nospam^@canada.com
Remove the obvious to reply. Experienced and reliable Concrete Finishing and Synthetic Stucco application in the GTA.

concrete
it
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Great humor. Now tell us about Santy Claus and the Easter Bunny.
========== ConcreteFinishing&StuccoGuy wrote in message ... You must pay for the tool and any wear and tear on others that are not broke. It is standard since you hired him as a laborer and any extras are just that, extras. Standard is replacement cost plus 10% for overhead and 10% for profit. No exceptions
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Yeah, I like the ones about Santy, and the Easter Bunny, but this one has the potential of becoming a REAL classic!
STeve
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SteveB wrote:

And probably all over a pick handle or a tape measure...
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Yes, GG, but IT'S THE PRINCIPAL OF THE THING! Whoops. Sorry for shouting. I got carried away thinking of breaking a tape measure ..........
Especially a good one.
Steve
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wrote:

Several.
1) Generally, unless stated otherwise, a tradesman or a contractor works at his own risk. If he wrecks a tool, it is his problem.
2) What does your contract say? (A contract need not be written, a verbal agreement is acceptable.)
3) It is not unusual for a trade to ask for indemnity against tool damage. In some exceptionally rocky areas of our city, for example, bobcat operatorts will drill post holes -- only if the hiring party agrees to pay for any damage to the drill bit.
Where you are asking a trade to risk damage to his equipment outside normal risk, it is appropriate for him to ask you to indemnify him against the risk. HOWEVER this should be done in advance.
Ken,
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On Fri, 03 Jun 2005 05:28:55 GMT, snipped-for-privacy@nospam.tnx scribbled this interesting note:

This seems reasonable, but I would further state that if this is the case, the person doing the hiring, and assuming the risk of damage to tools, should only be required to replace with like tools, meaning if a tool is half depreciated and becomes damaged, the replacement tool should be of like characteristics. It should not be required that a half worn out tool be replaced with a new one, and if it is replaced with a new one, then the person assuming the risk should only be required to pay for half the original purchase price of the now broken tool, not half the purchase price of a new one.
Personally, I'd shy away from anyone wanting me to replace his equipment of it breaks while working for me. It is part of the cost of doing business and replacement of his tools should be built into his cost structure, since we all know tools wear and eventually break.
-- John Willis (Remove the Primes before e-mailing me)
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scribbled this

And, I believe that it may also become necessary to have a notarized document prepared by an attorney to cover all codicils, conditions, and caveats. Of course, the cost of this would have to be borne by the consumer, non-negotiable, and non-refundable.
And don't forget the clauses if I break a nail, or tear my shirt.
And speaking of shirts, what about depreciation, wear, and cleaning? Uhoh. Another clause.
Do you know how much they get for a good nail job today? The ones with the Home Depot appliques? A LOT!
Tool torts. Has kind of a turd hitting the floor ring to it, don't you think?
Steve
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