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When I was contracting I maintained my own insurance for issues like
workmen's comp and disability. I was only asked about "errors and
omissions" once, and my reply was that I would be more than happy
to obtain coverage if they required it, but that such coverage would
only protect me, not them, and that my quoted rates would be adjusted
accordingly. The subject was immediately dropped and I never heard
the question again.
I'm not an attorney, so verify this next part, but here's my understanding
as a manager who employs contractors from time to time...
The bottom line is, if your contract says you are doing "work for hire"
and the company retains ownership of what you produce, they are also
retaining the liability, the same as if you were a direct employee. If you
examine the details of any company's 1099 contract, you will see a
clause that states the client will pay the contractor upon the acceptance
of deliverables that meet the client's requirements and specifications.
Once they pay you, they've accepted your work. Any company that
thinks a potential plaintiff will not sue them for products or documents
they deliver with their name on them just because they were able to
coerce you into signing some document or buying insurance is deluding
itself, because potential plaintiffs haven't signed anything that restricts
their right to sue anyone they choose, and it is unlikely that you will be
the one with the deepest pockets they can go after.
Gene Kim-Eng
----- Original Message -----
From: "Siliconwriter"
I've been a contractor/freelancer for a couple of years now, but for the
first time I am being asked to provide a certificate showing that I am
covered by liability insurance. This is apparently the much ballyhooed
"errors and omissions" coverage I've read about.
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