In The UK, if i passed construction work onto tradesmen for a percentage of commission can i be exempt from any legal action that may arise from them damaging a customers health or personal property if it is laid out in me & my client's (the tradesmen's) contract that they are responsible for their actions if they cause damage to customers or their possession & they indemnify me from any legal action. & that i may pass their details on to any complainant that wants to take legal action against them?
I am actually licensed to practice in both California and England and Wales. I will tell you that this question is very convoluted. Where is what I surmise:
1) You are a contractor
2) You hired a sub-contractor
3) Sub-contractor's work was sub-par and caused damages
4) You have agreement with sub-contractor for indemnity.
Assuming all of the above is correct, under the lawe you are responsible for any damages that occur; HOWEVER, you will be able to successfully sue the sub-contractor for your loss due to the indemnity. Unfortunately, in Small Claims, there is no way to bring the sub-contractor into the suit at this stage. You would likterally need to bring a seperate suit.
If you have further question, be sure to speak with a lawyer that knows about Small Claims.
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