The owner is asking me to pay 1/2 her legal fees.

Answered 2 weeks ago

1292 Answered Questions

Matt Viator

Legal Associate zlien

That's an interesting question. First - in a situation where a contractor has hired a sub and that sub has caused an issue resulting in litigation, that contractor could potentially be liable, to some limited degree, for issues caused by that subcontractor. While referring a company to a customer could cause embarrassment if that referral doesn't pan out, there wouldn't seem to be much of a basis for potential liability. If an official referral agreement were in place and/or if a contractor received a fee for their referral, it might be easier to argue that liability should be incurred. But even then, if the referral were made in good faith, it seems unlikely that the party who made an unfortunate referral should be held liable for the failures of the referred party. Without reviewing the above situation, specifically, it's hard to state one way or another with complete certainty - but generally, a bad referral which was made in good faith won't give rise to legal liability, especially when the referral was informally made.