Broker liability

SERVALNET

Free Member
Jul 13, 2015
16
1
I'm mainly just brainstorming but I'd like to start gardening service as a broker/agent/middleman. I have access to a lot a homeowners/clients. Here's my basic model:
  1. I'd take job details & payment (my fee on top) from the customer.
  2. Send details and payment to the nearest trade/worker/business (insured, approved, VAT registered).
  3. Job done.
My main concerns are damage liability and employment status.
For example, if the worker accidentally damaged the property, could I use/insist the worker uses their insurance to cover it; perhaps a written disclaimer/contract the worker could sign?

With regards to employment status, would you class the above model as brokering, agency, contracting? I don't want to be stung years down the line and classed as an employer.

Any pitfalls, help or tips would be so appreciated. Thank you.
 

Mr D

Free Member
Feb 12, 2017
28,915
3,627
Stirling
I'm mainly just brainstorming but I'd like to start gardening service as a broker/agent/middleman. I have access to a lot a homeowners/clients. Here's my basic model:
  1. I'd take job details & payment (my fee on top) from the customer.
  2. Send details and payment to the nearest trade/worker/business (insured, approved, VAT registered).
  3. Job done.
My main concerns are damage liability and employment status.
For example, if the worker accidentally damaged the property, could I use/insist the worker uses their insurance to cover it; perhaps a written disclaimer/contract the worker could sign?

With regards to employment status, would you class the above model as brokering, agency, contracting? I don't want to be stung years down the line and classed as an employer.

Any pitfalls, help or tips would be so appreciated. Thank you.


Depends what your relationship with the people doing the work is.

OK, you pass a job on. Never hear from the customer again and the contractor doesn't deal with you again until you have a job from another customer.
Probably be OK then.

Maybe not much income for you but probably your relationship as an introducer won't be classed as employer.
 
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SERVALNET

Free Member
Jul 13, 2015
16
1
They are different models to mine as they simply refer a trade or sell contact information.. I'll be taking payment from the customer and paying the trade direct. I have marketing/profits/traffic/economy/brand all sorted, my main concern is Liability and Employment status.
 
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WaveJumper

Free Member
  • Business Listing
    Aug 26, 2013
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    Essex
    I was pointing you in their direction so you could get an idea of the information you will require, you mention all above except checking your recommended contractors H&S and professional competencies for carrying out the work even though its 'just gardening', if you are bringing together the parties you are going to have to take responsibility for ensuring they are qualified to undertake said work, are you qualified yourself in this field to know.

    I would suggest you need to be fully insured up and I would also suggest you seek proper legal advice regarding proper terms and conditions, between you and customer, and you and contractor.

    You need something in place to stop your contractors just walking away with future business, and when customers have a problem they will becoming direct to you.

    The employment issue is a whole subject on it's own, if they solely working for you, this could be an issue, I am sure someone with more detailed knowledge of employment law will jump in and advise.

    I am definitely not trying to poor cold water on your idea, just make sure you have all the bases covered then you will be fine.
     
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    intheTRADE

    Free Member
    Apr 14, 2019
    737
    303
    It all depends on how you are going to position yourself to the customer. First two questions I have before I can offer any more advice are:

    Are you going to market yourself/your company as the company that does the work and its all under your brand or openly state to paying customers that you are just the middle man and that you have access to reliable tradespeople?

    Are you going to finalise your network of tradespeople prior to launching or just take orders in whatever areas of the UK then go and find a tradesperson in that area? if the latter how are you going to price the job if it isn't in your local area?
     
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    I'd like to start gardening service as a broker/agent/middleman. I have access to a lot a homeowners/clients. Here's my basic model:
    1. I'd take job details & payment (my fee on top) from the customer.
    2. Send details and payment to the nearest trade/worker/business (insured, approved, VAT registered).

    It doesn't sound to me as if you would be acting as a broker or agent at all as it seems more like you are the principle involved and therefore liable for any poor workmanship.

    Why are you excluding non Vat registered gardeners as you are ruling out most local gardeners that way?
     
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