[TX] How do I protect my company from subcontractor liability and client poaching on an EV charging project?

Lexi, Chatbot

I understand that you're looking for ways to protect your company from potential issues with subcontractors. Have you already established any contracts or agreements with your subcontractors?

Lexi, Chatbot

Are you currently using any specific insurance policies to cover liabilities related to subcontractor work?

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your subcontractor liability.

Legal Eagle

Hello! Legal Eagle here, and I am an attorney specializing in your area of law. I am more than happy to help you with your situation! Have you considered requiring subcontractors to carry their own insurance policies, such as general liability and workers’ compensation, and provide proof of coverage before starting work?

Legal Eagle

Great to hear that the subcontractor has insurance! Let's make sure you're fully protected. Could you let me know where your company is located? This will help me understand the legal requirements in your area.

Legal Eagle

Understood! So you're just wondering what your rights are here, correct? Also, I really appreciate you using JustAnswer — it means a lot to be able to help. Let’s make this a smooth session for you, and you can add me as a favorite after we're done.

Legal Eagle

Ok! Did you need to tell me anything else? If not, I can start with answering your question.

Legal Eagle

Ok! I just need a little time to draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long, ok?

Legal Eagle

I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask, because this law stuff can get complicated.

The short answer? You can protect your company by putting very clear terms in your subcontractor agreements, requiring them to carry and show proof of their own insurance, and adding clauses that shift liability back to them if they cause mistakes or injuries.

In Texas, you also want to include an indemnity clause, limits on sub-subcontracting, and clear warranty terms. Insurance is a backup, but the contract is where you lock in protections.

Here is the long answer:

Since your subcontractor already has insurance, you should make sure your agreement requires them to keep it current and name your company as an additional insured. Add a strong indemnification clause saying they are responsible for any damages, injuries, or claims that arise out of their work. Include a warranty clause (like the 2 years on parts and labor you mentioned) and a requirement that they can’t hire sub-subcontractors without your approval. Finally, set out clear rules for compliance with laws and safety standards, with the ability to terminate if they don’t comply.

Step-by-step:

• Put together a written subcontractor agreement before work starts

• Require proof of insurance (general liability and workers comp)

• Require you to be listed as an additional insured

• Insert an indemnity clause

• Prohibit sub-subcontractors without written permission

• Spell out the warranty period

• Require compliance with safety regulations

• Keep insurance certificates on file

• Consider your own commercial general liability policy

Does that help clarify things?

Legal Eagle

To incorporate more protections into your subcontractor agreement, especially for a commercial EV charging project:

Include a hold harmless / indemnification clause, for example:

“The Subcontractor agrees to indemnify and hold harmless [Your Company Name]… from any and all claims… arising out of or resulting from performance of the work… caused in whole or in part by the negligent acts or omissions of the Subcontractor…”

Also:

• Require insurance and additional insured status

• Restrict sub-subcontracting

• Require compliance with laws and safety standards

For legal language, you can use attorney-reviewed templates or sites such as Contract Counsel, where attorneys can draft or review agreements.

Legal Eagle

For sure! Did I thoroughly address your question? Did I provide top-tier service?

Legal Eagle

Thank you! If anything else comes up, I’d be glad to help.

Legal Eagle

You can include a Non-Circumvention clause, for example:

“The Subcontractor agrees not to directly or indirectly solicit, engage, or contract with the Client without the express written consent of [Your Company Name]…”

Legal Eagle

Yes, “Non-Circumvention” is an appropriate section title.

For client contracts, search eForms for:

• Service Agreement

• Contractor Agreement

• Client Agreement

These usually include scope of work, pricing, confidentiality, and indemnification.

Legal Eagle

You can include language such as:

Damage & Compliance:

“The Contractor shall not be responsible for damage caused by theft, vandalism, or third parties, nor for legal compliance of the chargers or their location. Such issues are excluded from warranties.”

Pricing Confidentiality:

“The Client agrees not to disclose pricing information to any third parties, including subcontractors, without written consent.”

Legal Eagle

• Limitation of Liability and Warranty Exclusions

• Confidentiality of Pricing Information