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Just needing help understanding subcontractor

Just needing help understanding...

Just needing help understanding subcontractor indemnification & hold harmless agreement

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Arkansas

Lawyer's Assistant: Has anything been filed or reported?

No. We are currently doing work for a contractor and about 90% complete with minimal work left to complete

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just the pros vs cons to signing and how to sign if Incorporated. Is it possible to send for review

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Answered in 5 minutes by:
1/23/2018
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,201
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Sure - please send the contract and we can discuss.

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Customer reply replied 1 month ago
I sent 2 pages... not sure if both came through

Indeed they did. What specifically do you wish to know about this document?

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Customer reply replied 1 month ago
It’s hard to understand the wording. Are we signing for only the work we proformed. It states under any subcontract as well as stating in whole or in part by the subcontractor. For example we installed a shower.. what if it leaks due to the prep work of the plumber. By signing are we liable for only the work we proceeded or any subcontract?

Okay - please allow me about 10-15 minutes to type out my answer since this is LIVE. Thanks in advance.

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Thank you for your patience.

Are we signing for only the work we proformed.

The indemnification/hold harmless applies to services provided by contractor and subcontractor. So you are responsible not only for your work, but also that of any subcontractor you use.

For example we installed a shower.. what if it leaks due to the prep work of the plumber. By signing are we liable for only the work we proceeded or any subcontract?

YES.

how to sign if Incorporated.

One signs the following way:

Own Signature
Prints name [as actual agent of COMPANY NAME]

I hope this helps and clarifies. Please use the SEND button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of THREE OR MORE STARS and then click FINISH to submit that rating, as this is how experts get credit for our time. Rating my answer the bottom two stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating (it does not cost anything extra to rate).

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Customer reply replied 1 month ago
We are the subcontractor and this was provided by the contractor. We did not hire anyone as we only use our employees. I’m just curious if we will be liable for other subcontractors work they hired. Based off the shower example I gave you.

The answer is yes. Although this is poorly worded, the meaning of the contract is if sub-sub contractors are hired by you, you are liable. So the shower example WOULD fall unto you.

Gentle Reminder: Please, use SEND button to keep chatting, or PLEASE SELECT THREE OR MORE STARS and click FINISH to submit your rating when we are finished. You may always ask follow ups at no charge after rating.

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Customer reply replied 1 month ago
Last question.. we didn’t hire any subcontractors. The contractor hired all subs. We used our employees for the work we performed. The example of what if the plumber didn’t prep properly was hired by the contractor not us.

Sure. The contract states that you (the subcontractor) are liable for any negligence. But if the plumber was a third party not connected to you, then that shower example would not apply. It applies only to YOU and your (sub) contractors (if any).

Gentle Reminder: Please, use SEND button to keep chatting, or PLEASE SELECT THREE OR MORE STARS and click FINISH to submit your rating when we are finished. You may always ask follow ups at no charge after rating.

Ely
Ely, Counselor at Law
Category: Legal
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Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Customer reply replied 1 month ago
Thank you for your help and patience!
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Ely
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,201
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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