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Can a non-solicitation clause be included between a specialty construction contractor and a subcontractor?

California

We are going to open a flooring store in California with one of the owners being a licensed flooring contractor. We anticipate having some of the flooring installation projects being done by subcontractors who are also licensed flooring contractors. Can we include a non-solicitation requirement in a non-disclosure agreement to help prevent a subcontractor from poaching additional work from our customers?

1 reply

Jun 22, 2023
Generally the enforeablity of such a clause depends on both state and national laws. You should contact an attorney and have them draft the agreement for you. It would be best to out to a licensed attorney in your state directly at their office. This forum is public, so it may not be the right place to discuss a sensitive legal issue. Levelset provides a list of attorneys in each state here: https://www.levelset.com/payment-help/experts/experts-by-state/ . From that directory you may find a law firm in your area to call privately.
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