What is the liability of the VVE in the event of an accident involving a window cleaner?


Questioner

I (co-)manage a small VVE of 7 homes. A local window cleaner offers his services, but then works unsafely, without fall protection, standing/walking in the gutter at a height of 10m to clean the attic windows. There is no fencing or fall protection systems in the gutter. - Who is responsible for providing fall protection equipment? Normally this is the employer, but is the VVE the employer in this case? Does it make a difference whether the window cleaner is a self-employed person, freelancer, handyman, or something else? - What is the liability of the VVE in the event of an accident in this situation?

Lawyer

No, the VVE is the client and it is responsible for the task of a good client and duties of care towards the contractors. The VVE must therefore warn in advance of the special dangers and it must also be discussed who minimizes these dangers, how and with which materials. Then it can be discussed who supplies the materials. This aspect can influence the price for the services.

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