Legal Question in Construction Law in California

an HOA wants our licensed business to hire their camera guy as a subcontractor to do a $65,000.00 job cause he doesnt have a license or insurance. Can we legally do this? is that ok or would he have to be considered as an employee?


Asked on 6/03/12, 2:07 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I assume the "camera guy" is some kind of a technician and not just a photographer, since the work seems to require a contractor's license. This sounds like an invitation for trouble, given that the guy is doing a $65K job and has neither a license nor insurance. You could hire him on a written subcontract if you in turn have a written prime contract and are licensed in his particular area, but in no case should you do this unless he is fully insured both for injuries, etc. and professional errors and omissions (malpractice). In some cases your firm's insurance might provide the needed coverage, but ask your agent and be certain.

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Answered on 6/04/12, 9:20 am


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