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Cotati, Sonoma County, San Francisco North Bay, Ca. USA 94928 94931

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Who is an independent contractor?
The general rule is that:
v

 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 eleCenterical, 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,

 

 

 

 

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707 396-6921 Fax: 707 591-9897
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 Listings
 
Abel's Custom Construction
9180 Water Rd, Cotati, CA 707 795-7773

Azevedo Concrete & Genl Bldg
Cotati, CA 707 795-1352

Decon-Seismic Solutions
15499 Arnold Dr, Glen Ellen, CA 707 996-5954

Gonia Construction & Remodel
365 Blodgett St # B, Cotati, CA 707 328-0419

Gronberg Quality Construction
414 Linden Ct, Cotati, CA 707 795-6146

Ironhorse Builders
8863 Water Rd, Cotati, CA 707 795-1435

James E Thompson General Contr
8023 Gravenstein Hwy, Cotati, CA 707 665-0114

Maloney Construction
PO Box 7360, Cotati, CA 707 793-0441

Shoreline Builders Inc
651 Portal St # 3, Cotati, CA 707 665-9490

Soule Building Systems Inc
475 Portal St # C, Cotati, CA 707 793-9277

Zak Enterprises Inc
PO Box 457, Cotati, CA 707 829-1841

 
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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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