Contractor workmanship
Installation methods, project specifications and performance duties may be central to a claim.
Construction defect disputesConstruction Law Insights / Workmanship & design responsibility
Who Is Responsible for Construction Defects?
Understanding how defect responsibility may be allocated between parties on a building project.
The Short Answer
What you should know first.
Responsibility for an alleged construction defect depends on the cause of the condition, each party's contractual obligations, technical evidence and applicable law. It is not automatically assigned to the general contractor or property owner.
Key Considerations
Important factors to evaluate.
The relevant contract terms, records and law help determine how these questions apply to a particular construction project.
Design responsibility
Design decisions and design-professional roles can raise issues distinct from construction execution.
Contract allocationSubcontractor roles
Specialized trades may have responsibilities for the work assigned to them under subcontracts.
Subcontractor disputesOwner notices and repairs
Notice, inspection opportunities, preservation of evidence and mitigation can affect the response.
Property owner guidanceA Practical Starting Point
Organize the facts before deciding on next steps.
Construction disputes can involve short notice periods and overlapping obligations. A clear set of records helps make any review more productive.
Document the observed problem and relevant dates.
Preserve contracts, plans, photographs and inspection records.
Identify potentially involved trades and design participants.
Evaluate notice duties and independent technical evidence.
Frequently Asked Questions
Common follow-up questions.
Is a visible flaw always a legal defect?
No. The contract, applicable standards, harm and circumstances are important.
Can several parties share responsibility?
Potentially, depending on each party's obligations and the evidence.
Should an owner immediately remove defective work?
Urgent safety concerns require attention, but preserving evidence and checking notice obligations may be important before nonurgent alteration.
Need guidance on a construction matter?
Each project and agreement is different. Contact AW Construction Law to discuss the circumstances, relevant documents and possible next steps.