Legal Question in Construction Law in California

I'm a painting contractor in CA. I hope to start using subcontractors to take care of contracts I can't get to, but I need to know what risks that involves. If I sub out work to another painting contractor who has his own General Liability and Comp on his employees, am I still exposed to a big risk. Also, will I need to pay Comp on the contractor since he doesn't cover himself under his own Comp?


Asked on 7/06/16, 9:31 am

1 Answer from Attorneys

If you only hire licensed subcontractors and use any decent subcontract, all general liability and workmen's comp exposure will be transferred to them. You do not have to carry comp on the subcontractor him or herself, as long as they are licensed and under subcontract, not employment, with you. However as between you and the owner, the contractual responsibilities remain the same as if you were doing the work yourself. So be sure that the sub(s) will perform the contract up to your standards.

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Answered on 7/06/16, 4:23 pm


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