Legal Question in Construction Law in California

I'm a Licensed G.C. in California but I'm working for a sign contractor who is acking as the prime and is the main contact for the customer. I have multiple subs under me and my customer is doing all the signage, drawings, engineering. If something were to happen say one of their signs falling down, injured employee, customer injury; who would be liable for the insurance and the over all job compliance? We are acking as a sub with multiple scopes of work?


Asked on 9/14/12, 2:39 pm

1 Answer from Attorneys

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

Well, first of all, there is a strong tendency for injured parties to sue everyone in sight; therefore, everyone involved in the job needs insurance that will cover their cost of defense and, if found liable, the damage award. In addition, anyone with employees must have workers' comp. coverage. In theory, a jury should find the responsible party liable. Then, that party's insurer would have to step up to the plate and pay up. However, there are two flaws in this theory. First, the jury may find more than one party at fault, or may make a mistake, so not being primarily responsible may be insufficient. Secondly, even gaining complete and well-deserved acquittal can be expensive in terms of defense fees and costs. For all these reasons, a licensed contractor accepting any kind of role -- prime, sub, consultant or whatever -- needs to be fully covered with appropriate insurance and remain in frequent contact with his competent insurance agent as to the type and scope of work being contracted.

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Answered on 9/14/12, 5:51 pm


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