If something dreadfully wrong happens on the jobsite and a lawsuit ensues... would I personally or my company be liable for recommending him for the job?
2007-10-16 03:15:01 · 8 answers · asked by Red 2 in Politics & Government ➔ Law & Ethics
if the contractor doesn't have a license isn't the worst thing.
I would be more worried about an "insured" contractor.
I am a contractor... and not insured.
If i take on bigger jobs... i hire subcontractors that are insured... such that i am covered to a certain extent
As long as you recommend them... but don't do the hiring?
I would leave the "mistake" up to the company.
They would be wise enough to check his/her credentials.
goodl luck
w
2007-10-17 19:24:23 · answer #1 · answered by movngfwd 6 · 0⤊ 0⤋
It really depends on your relationship with the company, and the nature of the company business.
If you're a hairdresser, then the person has no reason to think you know any more than your own experience with the contractor, and you and the company are probably not responsible.
If your company is in some aspect of home improvement (Home Depot, Lowe's) then the person might have a legitimate expectation that you have some judgment in selecting contractors. Whether or not that is passed on to the company depends on if they took care to tell employees not to recommend anyone for anything, and maybe even put customers on notice that the company makes no recommendations.
Personally, I would never recommend anyone that doesn't have a license to do what they do. I might hire them for my own personal needs, but I wouldn't pass on their business card. It would be too risky for me, since there's no telling what people will assume I know and guarantee.
2007-10-16 10:37:25 · answer #2 · answered by open4one 7 · 0⤊ 0⤋
It would be best to put a caveat in the contract to the effect that it is assumed that the contractor must have the correct documentation...
As long as it's not your job to check...
If it is - You'll find yourself in a world of hurt in today's litigation-happy world...
Of course... You could look at it from the other direction - Why would you be recommending an unlicensed contractor in the first place?
2007-10-16 10:20:24 · answer #3 · answered by Lowlevel 4 · 0⤊ 0⤋
Yes and no. If you know the license is not valid, then you and/or your company can be held legally liable.
However, if it is standard practice in your industry to recommend contractors without verifying they have current, up-to-date, valid licenses - you may be able to use that as a defense if legal action is taken against you.
2007-10-16 10:29:22 · answer #4 · answered by wibelle37 4 · 0⤊ 0⤋
I would say no. You didnt send the contractor out to someone you just referred them. If the person that used them didnt check his crudentials then i think its there fault.
Plus who says you knew he didnt have a license. the contractor is in quite a bit of trouble though.
Might have to pay fines and could possibly do some jail time.
2007-10-16 10:20:08 · answer #5 · answered by Renee 4 · 0⤊ 0⤋
Not if he is not employed by you or a sub contractor to you. If you just recommended him then its their fault they didn't check him out. But i don't think the people you recommended him to would be very happy with you.
2007-10-16 10:19:14 · answer #6 · answered by Anonymous · 0⤊ 0⤋
It depends on the state you are in. Here in MA it is up to the consumer to check insurance, permit and work licenses. It falls to the party that pays for the work.
2007-10-16 10:21:05 · answer #7 · answered by New England Babe 7 · 0⤊ 0⤋
Yes, the company is liable as you are acting on behalf of the company.
2007-10-16 10:19:45 · answer #8 · answered by Anonymous · 0⤊ 0⤋