Who will be responsible for the damage: the workers or the owner of the dacha who hired them?

It often happens that a summer resident hires specialists to perform some complex or difficult work. And he does not always have the opportunity to constantly monitor the progress of this work. Everything would be fine, but what if the brigade suddenly took action and caused damage to its neighbor? In this case, who will have to answer to him?

Lawyer Sergei Kolomiytsev answers:

– Alas, many summer residents, when hiring specialists, openly neglect the simplest condition – the conclusion of an appropriate contract. Meanwhile, any legal entity engaged in the provision of various services, for example, the construction and repair of all kinds of country houses, is required to conclude such an agreement. It spells out point by point what the worker is responsible for and what the employer is responsible for. If the employer, for example, is not satisfied with such an agreement, he has the right to offer his own version, again describing in detail the degree of responsibility of the parties. However, in this case, the consent of the other party and notarization of the document is required.

In the event of damage to a neighbor – with a concluded agreement – compensation is imposed by the court in accordance with the concluded agreement. In the absence of an agreement, when the summer resident has used the services of certain “shabashniks”, guest workers and the like, the damage caused, in accordance with paragraph 1 of Article 1068 of the Civil Code of the Russian Federation, is compensated only by the employer. Remember this and do not be lazy to deal with formalities, otherwise you risk incurring significant additional losses.

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