Do You Sub Out Work? You Might Be Liable for Their Mistakes

“But they’re not even my employee!” The court: Doesn’t care.

You’ve got jobs stacking up, so you bring in a subcontractor to help out. Smart move, right? More hands, more jobs, more money.
But if that sub forgets to tighten a connection, floods a customer’s ceiling, and disappears into the sunset with their last check… guess who’s left holding the liability bag?

Yep. You.

The Myth: "They’re 1099, So I’m Not Responsible"

If only it worked that way.

Here’s the legal and insurance truth: if you hired them, and they acted on your behalf, you can be held liable for the damage they cause—even if they’re not on your payroll.

Courts and insurance companies care more about who sent them than who pays their taxes.

The Real-World Risks of Using Subcontractors

Let’s say you bring in a subcontractor to finish ductwork or reroute piping while your crew handles another project.

They make a mistake.
The customer sues.
Your name is on the contract or the invoice.

Boom: You’re getting dragged into the claim.
And depending on your policy and contract language, your general liability insurance might not cover work done by uninsured or improperly vetted subs.

What Insurance Actually Covers (and What It Doesn’t)

Your general liability might exclude subcontractor work unless they meet certain insurance requirements.
If the sub has no insurance, your policy could still get hit—especially if the claim is serious.
And if they cause injury or damage on your watch, the customer doesn’t care who did it—they just want it fixed. Now.

How to Protect Yourself (and Your Business)

Get Proof of Insurance—Always
Require a certificate of insurance from every subcontractor. It should include:

- General liability
- Workers’ comp
- Auto (if they’re driving to the site)

Use Written Subcontractor Agreements
Spell out who is responsible for what. Have an attorney review your contract—especially if you’re doing larger commercial jobs.
Add Them as Additional Insured (if applicable)
This extends your protection if something goes sideways. You may also want to require you be added to their policy, too.
Talk to Your Agent
Make sure your policy doesn’t have exclusions that leave you vulnerable when using subs. This is one of those “better safe than bankrupt” conversations.