Full question:
If a company hires a contractor to do work on your house, is the company (employer) responsible for faulty work? Parents have home that was new. Home company hired contractor to set up. Massive mold damage due to faulty set up Who is liable? State is inspecting home. Should we get repair estimate also?
- Category: Contracts
- Subcategory: Breach of Contract
- Date:
- State: Florida
Answer:
Under the legal principle of respondeat superior, an employer can be held responsible for the negligence of its employees. However, this liability typically applies only to actions taken within the scope of their job duties. In some cases, victims can sue employers for failing to supervise employees, inadequately vetting them before hiring, or not terminating them after learning of misconduct.
Determining whether a worker is an independent contractor or an employee hinges on the level of control the company has over the work. If the company can direct and control how the work is done, it suggests an employer-employee relationship. Conversely, if the company has little control, the workers may be classified as independent contractors.
Other factors include the business relationship between the contractor and the company, such as advertising, licensing, and whether the contractor provides their own tools. If the work is to be completed by a specific deadline, this may also indicate independent contractor status.
A breach of contract occurs when one party fails to fulfill their contractual obligations, potentially causing economic harm to the other party. Legal actions for breach of contract focus on compensating the injured party for losses incurred due to the breach. Common remedies include money damages, restitution, rescission, reformation, and specific performance.
In cases involving mold, proving causation and damages can be challenging due to the lack of clear standards. Quick action is crucial for water damage mitigation to prevent mold growth. Most homeowners' insurance policies cover water damage and may require policyholders to take steps to prevent further damage. If your insurer has already inspected the damage, it’s essential to ensure that proper repair measures are taken.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.