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Does an HIS have performance liability for the Contractor he represents?

I'm a licensed independent contractor Home Improvement Salesman (HIS) working with a General Contractor who has a conflict with a customer whose contract I negotiated. Customer wants me to share liability for contentious issues over work not completed. I have NO contract with customer! Do I really have any liability to customer??

2 replies

Mar 30, 2020

If the only conflict is over work contracted for but not completed, then you shouldn't have any direct liability under the contract for the work not completed. However, there are other potential theories on which the customer could assert claims against you such as fraud in the inducement of the contract. More information would need to be known about all the contractual relationships and claims asserted before anyone could definitively say you have no liability to the customer.

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Mar 30, 2020

Mr. Julander - Thank you very much for your quick reply. At the moment, the contractor is attempting to resolve the issue with his client; however, I'm not optimistic this will work. My personal values and ethics make me want to reach out to the client, but sadly I don't want to say anything that will possibly implicate me in any other present or future "potential theories" of this understandably frustrated client. This said, do you charge for an initial consultation? And, how would you charge from there should this continue? We are seniors and this kind of part time work has pretty much dried up for me. Also, I have a new idea which I'd like to explore to be sure I don't present the wrong image. To be fair to each of us, I just need to be able to afford your services. Regardless, I sincerely appreciate your reply! Ron 626.222.3500

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