Legal Question in Construction Law in California

I live in Ca., U.S.A., and my question is I'm doing work for some friends ,( I am a carpenter) and the job will require me to get some help . The issue holding up the start of the job is , they're worried if my partner gets hurt on the job that they will be liable for a law suite. I have drawn up a release of liability form for them , having my partner sign one , they aren't sure it would hold up in court ? Can it be circumvented, or are they covered by our release of liability?


Asked on 8/27/17, 3:18 pm

1 Answer from Attorneys

If you are not a licensed contractor, it is totally illegal for you to do this job unless the total cost of labor, materials and anything else is less than $500. Also if you are not licensed then your friends will absolutely and unconditionally be liable if your partner gets hurt. They will legally be his employer and they will be subject to OSHA, State Disability, and all other employer liabilities. They will then turn around and sue you. There is no way to release that liability in a way that would be worth the paper it's written on. If you ARE a licensed contractor, then you must by law carry workers compensation insurance. That would completely protect your friends unless they directly did something wrong that injured your partner, and even then they might be covered. That is the ONLY protection the law allows.

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Answered on 8/27/17, 7:07 pm


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