Legal Question in Construction Law in California

I am an electrician (unlicensed) who worked by the hour for a licensed contractor. Who is going to arbitration because of a splice that I did which is, in my opinion safe, but is illegal. Can charges be brought against me? The contractor was aware of the illegality.


Asked on 1/15/10, 1:10 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I think "charges" suggests criminal prosecution, and that's very unlikely unless there were very serious consequences such as a fire with injuries or deaths. More likely, but even so only medium likely, would be a civil action for negligence and money damages. Even this is unlikely unless something bad happened or the owner suffered some financial loss. If an arbitration has been commenced, it is probably under an arbitration clause in the contract between your boss (or his company) and you, and that will be a civil matter between the parties to the contract containing the arbitration agreement. You might be asked to testify, but the chances that you will become a party and/or could be partly or jointly liable to the owner are very remote, because you yourself are not a party to the arbitration agreement and the arbitrator cannot make an award against a non-party. Your boss might turn around and sue you for "contribution," but probably won't, because it sounds as though he authorized the type of splice you made.

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Answered on 1/20/10, 1:29 pm
Daniel Bakondi The Law Office of Daniel Bakondi

I think you should have an attorney to help advise you to minimize that risk. An attorney would prevent you from doing things in your disinterest. There is a principle called respondeat superior which I would use, if I were your attorney, to protect you. You may contact me for a free consultation, and should have an attorney before discussing this matter with your boss or anyone else.

Best,

Daniel Bakondi

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415 450 0424

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Answered on 1/20/10, 1:55 pm


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