If I am hired by an electrical contractor and assign my license to them and I pull the permits as the master electrician, who is liable if something were to happen and an lawsuit was filed. I want to do this but dont want to be liable for any of the work the companys electricians are performing. I think this is how it works but I am not sure, I guess a lawyer is my best bet now. Let me know if any of you have done this before or are doing it now.
Can I do this??
- Thread starter Aphase
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Easy answer. You are the Master Electrician. You hold the license. You are required to supervise the work. You are responsible. They are not "the companies electricians"; they are electricians doing work under your license and your supervision, they are just being paid by "the company". If you are not being paid enough for you to accept the liability for the work (and pay for insurance to cover the liability) then run, do not walk to the nearest exit. If you are not supervising the work, you are "fronting" your license which is illegal in many areas.
ptonsparky
Tom
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- EC - retired
I couldn't agree more.
Leave now or get enough money and control up front to make it worthwhile.
Leave now or get enough money and control up front to make it worthwhile.
Rewire
Senior Member
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- Lake of the Ozarks
This is a common practice but you must check the laws of your state.As for liability check with a lawyer who will be familiar with the laws of your state.Aphase said:
JohnJ0906
Senior Member
- Location
- Baltimore, MD
Aphase said:
Welcome to the forum.
You ARE supervising these guys, right?
If not you, then who?
I almost wonder if you are working for the same person who contacted me about the same thing 6 months ago.
As rewire stated, check the laws of your state.
In MA the person who holds the master lic. is not liable for the work done by journeyman working for the company unless it can be proven that he specifically told the journeyman to do something illegal. Each journeyman is liable for his own work.
However, other states may be different!
In MA the person who holds the master lic. is not liable for the work done by journeyman working for the company unless it can be proven that he specifically told the journeyman to do something illegal. Each journeyman is liable for his own work.
However, other states may be different!
zog
Senior Member
- Location
- Charlotte, NC
ptonsparky said:
So wait, enough money makes this acceptable?
JohnJ0906
Senior Member
- Location
- Baltimore, MD
Aphase, here is the MD website.
http://www.dllr.state.md.us/license/law/eleclaw.htm
http://www.dllr.state.md.us/license/occprof/elec.html
http://www.dllr.state.md.us/license/law/eleclaw.htm
http://www.dllr.state.md.us/license/occprof/elec.html
tryinghard
Senior Member
- Location
- California
Aphase said:
The liability belongs to the electrical contractor. If you are hired by an electrical contractor as an employee they cannot transfer liability to you your employment to them will be considered "at will" unless you're under contract. For the contractor to transfer liability to you they will have to form a limited liability corporation (LLC) with you as an officer or bring you in as an owner/partner/officer in their company.
Definitely get legal advise from an attorney familiar with labor laws.
romexking
Senior Member
- Location
- Marriottsville, Maryland
6–605.
A licensed master electrician or a person to whom a master electrician assigns a local license may employ an individual who is not a licensed master electrician under this title to provide electrical services if the individual provides the services only while under the supervision and control of a licensed master electrician
Essentially, you can assign the license, but the person you assign it to cannot supervise and control the employees, only a Licensed Master Electrician can do that. The liability will lay with the company that hires you.
Thanks JohnJ0906 for the link so I didn't have to look it up
A licensed master electrician or a person to whom a master electrician assigns a local license may employ an individual who is not a licensed master electrician under this title to provide electrical services if the individual provides the services only while under the supervision and control of a licensed master electrician
Essentially, you can assign the license, but the person you assign it to cannot supervise and control the employees, only a Licensed Master Electrician can do that. The liability will lay with the company that hires you.
Thanks JohnJ0906 for the link so I didn't have to look it up
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macmikeman
Senior Member
- Location
- Planet macmikeman
tryinghard said:
Doesn't California use the term RME? (responsible managing employee for you East Coasters). Our laws out here in 5-0 land are pretty much patterned after Cali laws. I don't think the classification was invented here. If your the RME, your responsible for financial and industry specific screw ups, no ifs ands or butts about it.
tryinghard
Senior Member
- Location
- California
macmikeman said:
Yes an RME is another form of officer for a company, but the liabilities will still be shared with the other owners. Either way these type of positions are not just verbal in agreement, anything more responsible than "at will" employee is a documented contract type employment agreement.
Ok here's the whole story, the master electrician for this company passed away and now they have no master to pull permits for the remainder of the project. I would be inspecting the work thats done and an employee of this company. My question is the company liable for anything that may happen or does it all fall back on the master. I cant see the master being sued in a lawsuit, I think it would be the company. I dont expect any problems as I haved worked with them before I ust want to cover all the bases. Also, since I would be an eployee of the company I would technically be "shopping" my license, right?
tryinghard
Senior Member
- Location
- California
Aphase said:
If you are an employee of a company you're not at risk the company is. You have to have ownership in the contracting company to have liability.
Aphase said:
The contracting company you are employed by is liable not you unless you are at least contracted as an RME or owner. If you are employed you are considered "at will" meaning either of you can end the relationship at any time and you own zero risk in liability. A contractor must have liability insurance or they are in fact not legally licensed to contract this is not something they can let laps. I believe most of California requires electrical work to be performed by an electrical contractor, and a general contractor cannot do electrical work but must sub contract an electrical contractor rather than payroll an electrician.
Are you saying a general contractor can use a master electrician on payroll in place of an electrical contractor?
Can the company you work for get the permits?
Is the company that hires [or uses your license] a contractor?
If you are considering a relationship with this company ask a local labor attorney [or in California the Labor Commissioner] "is my employment as a master electrician more liable or riskier than an 'at will' employee?" You should specifically know this answer before agreeing to work for this company, as well as letting them use your license.
tryinghard said:
That is not true in all areas. In MD the Master Electrician is responsible and liable for all work done under his/her license. You must have insurance to cover this liability before activating your license. The company can cover you with their liability insurance, but rest assured, in the event of a lawsuit you will find yourself in court along with the company. There is no way (at least in this state) that the Master Electrician can be exempted from liability. He can be protected by insurance, but he is still liable. You need to be paid an amount that makes it attractive to accept this liability.
tryinghard
Senior Member
- Location
- California
Wow must be that way in other places as well. It is definitely important to know before entering an agreement. 
haskindm said:
Usually once you have any professional license, you need professional libality insurance, the corporation also needs protection.
"but rest assured, in the event of a lawsuit you will find yourself in court along with the company. There is no way (at least in this state) that the Master Electrician can be exempted from liability."
States will differ on insurance laws, so it is best if you check with an attorney.
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