Legal Question in Business Law in California

Re: Subcontractor Employee

No, a prime contractor cannot "force" a subcontractor to be at the prime contractor's site. However, if the contract provides that the subcontractor perform his work on the prime contractor's premises, then failure to do so would be a breach of the subcontractor's agreement with the prime contractor.

Re: Subcontractor Employee

No one can be "forced" to comply with the terms of a contract. With an exception noted below, a party to a contract is free to breach the contract. However, breach of contract does carry a price: money damages for breach.

(An exception to the rule that parties to a contract may breach the contract if they're willing to pay damages for their breach is that certain contracts, usually those for sale of unique, no-substitute-available property or services, can by court order be 'specifically enforced.' The most common example is a real estate purchase contract. However, contracts for most merchandise and personal services are not subject to decrees of specific performance, and the breaching party is liable only for money damages.)

Re: Subcontractor Employee

I think you mean can a general contractor force employee's of some other sub-contractor to be somewhere. Regardless of verbage, a general contractor generally has no right to manage sub-contractor's employee's, unless the contract stated specifically that they as the general contractor had that right.

The main question is, why would the general not simply hire a different sub? Please email my office if you have any further questions.