Legal Question in Business Law in New York
Who is responsible fro an unhappy customer...the contractor or the sub-contractor?
3 Answers from Attorneys
The contractor is vicariously liable for the work of the subcontractor, if the contractor hired the subcontractor or supervised their work. Otherwise, the written contract provisions may apply. The circumstances attendant on every case is unique to the situation.
Generally, the customer enters into a contract with the contractor. Therefore, the contractor is responsible for the unhappy customer. Of course, the contractor may make the subcontractor "unhappy".
Mike.
As a Franchise Attorney I agree with the other attorney answers. The contractor must generally deal with unhappy customers, as he the contract with them, absent other contractual provisions. If the problem is due to the subcontractor's work, then the contractor can proceed against the subcontractor that was hired. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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