Legal Question in Civil Litigation in Tennessee
Residential-Service Technicians' Liability
Is a residential-service installation technician wholly responsible for executing the installation for which he visits a customer's home, or would he be allowed to ask the customer's brother to do the job for him (brother dropped by; actual customer not at home), and then refuse to pay the brother when the customer discovered what went on and demanded that a part of the installation fee go to her brother for his services? The brother absolutely should be paid, because the work he did for the hired technician was extremely strenuous and dirty (that's why the installation technician didn't want to do it in the first place!!). Should the brother's pay come from the customer's pocket or out of the $414.00 installation charge paid to the company for which the technician worked?!! When confronted initially, the technician admitted that the ENTIRE job was HIS responsibility, and that a 2nd company worker to do the part of the job he refused to do would have had to be paid! ???
What is the problem?! This is the 6th time I have submitted this question. Isn't there a qualified person out there who will write me a very quick opinion? I am sure my question is a simple, straightforward one, and that it would be interesting to others!
1 Answer from Attorneys
Re: Residential-Service Technicians' Liability
The answer to your question is contingent upon the understanding between the installation person and your brother. Contractually you are responsible for payment to the installer for the services performed - your brother may have a claim for services rendered without compensation dependent on his conversation with the installer and their specific intent.
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