Who is an independent contractor?
The general rule is that:
If the one who pays for
the labor and services of another has the right to control what will be
done and how it will be done, this other person is an employee. This will
be so even though the employee has been given some degree of freedom of
action. The key determinant is the existence of the right to control the
details of how any work is done. Whether such control is actually
exercised is irrelevant.
If the one paying for the work does not have the right to control the
day-to-day working but merely to direct the desired result, the person
supplying the labour is an independent contractor. For example, if a
builder uses the in-house employees for basic construction but hires in
specialists for electrical, plumbing, plastering, and decorating work as
and when required, these are likely to be independent contractors. One
clear sign will be whether such individuals are entered in the payroll
system and paid as other employees, or paid when the work contracted for
is completed and certified of satisfactory quality.
Continuing the example of the builder (above), if Third Parties are aware
of the work being performed by a person who appears to be an Independent
Contractor and that person approaches them for the supply of materials to
be used in those works, it is possible that the Independent Contractor
might be considered an Agent of the builder. It depends on how the
relationships are formed and proceed. If the Independent Contractor
instructs the Third Party to invoice the builder and, in the ordinary
course of business, the builder pays, this will clearly be an agency
situation. If the builder refuses to pay but had been aware of the
Independent Contractor's acts and had done nothing to warn the Third
Parties, the builder will be considered a Principal and will be bound. But
if there was no apparent or ostensible authority, the Independent
Contractor will be liable for breach of the warranty of authority and the
builder will have no liability.
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Alphabetical Listings
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Advance Construction
589 Azuar Dr, Vallejo, CA 707 642-1525
Allied Framers Inc
±
4990 Allison Pkwy, Vacaville, CA 707 452-7050
American Canyon Builders
Vallejo, CA 707 644-6359
BBI CONSTRUCTION *
707 312-1118
BBI Construction specializes in: Kitchen & Bath Remodels,
Garage & Room Additions, New Construction, Decks &
Creating Custom Environments: Outdoor Kitchens, Pergolas,
Driveway & Garden Gates. Offering Free Estimates.
B C Design & Construction
109 Roywood Ct, Vallejo, CA 707 643-2077
Bradley Construction
1245 Florida St, Vallejo, CA 707 645-0645
Bullock JF Construction
224 Turnberry Way, Vallejo, CA 707 649-9123
Cabinet Solutions
897 Rosewood Ave, Vallejo, CA 707 592-3259
Cannaday Construction
137 Franklin St, Vallejo, CA 707 558-8492
Countouris & Son General Contr
PO Box 6686, Vallejo, CA 707 648-8030
Dawson Construction
PO Box 6591, Vallejo, CA 707 864-9613
Foreman Construction Co
PO Box 5112, Vallejo, CA 707 558-9508
Garton Construction
1840 Capitol St # A, Vallejo, CA 707 648-2670
Harvego Construction Inc
Vallejo, CA 707 643-8384
Highway Dept
1551 Benicia Rd, Vallejo, CA 707 648-4180
J L Smith Construction
1714 Lemon St, Vallejo, CA 707 643-1750
Jeff Conrad
Vallejo, CA 707 647-1613
Madison Construction
822 6th St, Vallejo, CA 707 642-9094
Merritt Construction
100 Oro Ct, Vallejo, CA 707 557-8543
Park Avenue Design
541 Curtola Pkwy, Vallejo, CA 707 642-7275
Pride Building Mntnc-Rchmnd
1124 Bush Ave, Vallejo, CA 707 553-7992
R H Webb Contractor
Vallejo, CA 707 864-5554
RBC General Contractor
127 El Verano, Vallejo, CA 707 552-6964
Rockholt Construction
302 Valle Vista Ave, Vallejo, CA 707 644-5155
Turner Remodeling
Vallejo, CA 707 310-6255
Walsh Pacific Construction
1175 Nimitz Ave, Vallejo, CA 707 553-8076 |
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