This past January you may have heard that the State of Maine is amending their process of certifying who qualifies for subconsultant status. The state modified the “PREDETERMINATION OF INDEPENDENT CONTRACTOR STATUS TO ESTABLISH A REBUTTABLE PRESUMPTION” questionare to 12 basic questions. The point of having your subconsultant certified is to clear them from your Workers Compensation Insurance Policy and therefore liability.
This survey is intended to be completed by the subconsultant BEFORE you begin working together. From there the state will certify them an “independent contractor,” of free will, to work for a variety of businesses. Once this certification is attained you must keep a copy within your records and attained annually. While this reduces your liability exposure; keep in mind that although pre-certified in case of an injury they do have the right to appeal.