Q: Destruction of Property- subcontractors
I hired a subcontractor to do work for me in NY state. He hired an uninsured, unlicensed guy to do the actual work. This person he hired went outside the scope of instructed work and started pulling wires, cutting wires, and shutting off breakers in my clients facility. Once this was discovered, he was immediately asked to leave. However, the damage to repair is not covered by insurance as the sub hired a non- employee of his. Can I press charges for destruction of property to my clients facility? Damage is well over $10,000
A:
How do you know the sub was a non-employee. You can always contact the Department of Labor. That may not help you much but only the DOL can decide who is or who is not an employee. Even if everyone wanted to agree, in writing, that the unlicensed was independent. What both parties think is beside the point. The fact that you think they should have been licensed indicates that they probably did not have their own business nor other customers, probably did not decide how, how much, or when they would get paid, nor did they have control on that job nor should they have had control. They were probably an employee and the DOL will look into that AND will decide whether they really were an independent contractor.
If the police think it's a civil matter it probably is. I am guessing the DA has a full plate but I could be wrong.
Remember that a paper judgment is worth the cost of paper unless you collect. Call some collection civil litigators to discover what the costs and potential recovery might be.
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