Executive Summary: Yes, Florida contractors can be sued for the work of their subcontractors. Courts generally hold general contractors liable for defective work, code violations, or breaches, even if a subcontractor caused the issue. Contractors should use strong subcontractor agreements, supervise the work, verify licenses, and maintain good records to limit legal exposure.
It’s a common scenario in Florida construction: the general contractor brings in subcontractors to complete parts of a job. Maybe it’s electrical, plumbing, or roofing work. But when something goes wrong like shoddy work, property damage, or a safety hazard, the client doesn’t always go after the subcontractor. They go straight to the contractor who signed the agreement.
So, can a contractor be sued for something they didn’t directly do? In Florida, the answer is yes, and it happens more often than you might think.
Contractors Are Legally Responsible for Their Subs
Under Florida law, general contractors are typically held liable for the work performed by their subcontractors. That includes defective workmanship, code violations, and even jobsite injuries in certain cases.
This liability exists because the contractor is the one who entered into a contract with the client. Courts often see the subcontractor as acting on behalf of the contractor, not as an independent entity in the eyes of the client.
Common Lawsuits Involving Subcontractor Work
Here are some of the most frequent legal claims that name both contractors and their subs:
- Construction defects (e.g., water intrusion, poor grading, faulty electrical work)
- Breach of contract (for missed deadlines or unfinished work)
- Negligence (if unsafe work causes property damage or injuries)
- Warranty claims (express or implied warranties extending to subcontracted work)
Even if the contractor didn’t cause the issue directly, they may still be financially responsible.
Contract Clauses Can Shift Liability, But Not Always
Most contractors include indemnification or hold harmless clauses in their agreements with subcontractors. These clauses are meant to shift liability back to the sub if they’re at fault. But enforcing these provisions is not always straightforward.
In Raymond James & Assocs., Inc. v. Aerotek, Inc., 107 So. 3d 389 (Fla. 4th DCA 2012), the court emphasized that indemnity clauses must be clear and specific to be enforceable. A vague clause may not protect the contractor when things go south.
And even with a solid clause, a client can still sue the contractor. The contractor then has to pursue reimbursement from the subcontractor separately, which means additional legal costs and delays.
Licensing and Code Compliance Also Matter
If a subcontractor is unlicensed, the general contractor can be liable for using them, regardless of who performed the work. Florida Statute § 489.128 voids contracts made by unlicensed contractors and prohibits them from enforcing payment. If the GC hired an unlicensed sub, they may be on the hook for all the damages and repairs.
In addition, Florida Building Code violations by a subcontractor can result in the general contractor facing penalties, fines, or license complaints. GCs are expected to oversee and verify that all work meets applicable code standards.
How Contractors Can Reduce Risk
- Vet Your Subcontractors Thoroughly: Verify licenses, insurance, and past performance. Don’t cut corners just to save money.
- Use Clear Subcontractor Agreements: Include indemnification clauses, scope of work, performance standards, and timelines.
- Supervise the Work: Courts expect GCs to exercise oversight. Regular site visits and documentation go a long way.
- Maintain Records: Keep written communication, inspection logs, and change orders in case you need to prove who did what.
- Carry the Right Insurance: General liability and builder’s risk coverage can help cover unexpected claims tied to subcontractor performance.
Bringing in subcontractors can improve efficiency, but it also adds legal risk. If you’ve been sued for something a subcontractor did or you want to strengthen your agreements and processes before it happens. Florida Construction Law Group can help you protect your work, your business, and your reputation. Contact us today for guidance built around the realities of construction in Florida.
