Seems like if that happened the 1099 guy would want to get in touch with IRS 
and state and get determination saying that they are not contractor but 
employee.  One of the primary disqualifiers for actually being a 1099 and not 
an employee is that you CANNOT use the employers equipment, a 1099 MUST provide 
their own equipment.......



From: AF <af-boun...@af.afmug.com> On Behalf Of Steve Jones
Sent: Wednesday, March 10, 2021 3:06 PM
To: AnimalFarm Microwave Users Group <af@af.afmug.com>
Subject: Re: [AFMUG] 1099 vs employee liability underground

Im suspecting that if Im operating 1099 on a piece of company As equipment on a 
company A project, Company A could put the liability on me if I hit a utility. 
Whereas if I were an employee of company A, the company itself would hold the 
liability. Liability I refer to as the stuck utilities compensation for loss 
and damage.

Im trying to tell my buddy that if I or anybody is operating his equipment 1099 
we are risking liability. Everybody is friends until someone wants paid for 
their fiber getting respooled on a boring rod or a sewage filled sinkhole shows 
up with a duct right through the middle of it. .

On Wed, Mar 10, 2021 at 2:24 PM Josh Luthman 
<j...@imaginenetworksllc.com<mailto:j...@imaginenetworksllc.com>> wrote:
The one who did the work is the one responsible.  Doesn't matter if they're 
putting it in for the city, AT&T, or Steve's ISP.

Think about how VZW/Tmobile/AT&T all use contractors for tower climbing.

Josh Luthman
24/7 Help Desk: 937-552-2340
Direct: 937-552-2343
1100 Wayne St
Suite 1337
Troy, OH 45373


On Wed, Mar 10, 2021 at 3:05 PM Adam Moffett 
<dmmoff...@gmail.com<mailto:dmmoff...@gmail.com>> wrote:

Sounds right.

I think you might be able to name a 1099 employee as an additional insured on 
your liability policy.  Might be better than putting it on him to get his own 
$5mil liability policy.


On 3/10/2021 2:58 PM, Steve Jones wrote:
So, if you contract an operator to run your horizontal drill, who is liable for 
striking a utility. I assume a contractor with his own drill is liable, a 
contracted laborer im guessing would be decided by state lars on whos an 
employee and whos a contractor regardless of 1099, and as employee would put 
the liability on the company who the dig is for.

does that sound right?


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