Construction projects are often expensive undertakings that require the client to put their trust in the general contractor. These projects are governed by contracts that outline the scope and various factors that apply.
One thing that might be included is the use of subcontractors. This is done to let the client know that the general contractor may hire out certain tasks. In many cases, contractors make the decision to use subcontractors because those subcontractors may have specialized skills that will benefit the project.
What happens if a subcontractor’s job is defective?
While it’s generally assumed that the subcontractor will complete their job without any issues, there’s always a chance that a defect will occur. The question that comes up if that happens is who is liable for the defect.
The client will likely want to get the issue corrected or to receive compensation for the defect. Even though the issue was due to something the subcontractor did, the contractor is the one who’s ultimately held liable for the defect.
The contract that governs the project is between the client and the general contractor. Even though it may mention the subcontractor, the contractor is the one who has the contract with the client. This means the client can only hold the contractor liable.
The contractor has the option of turning to the subcontractor to cover the damages related to the defect. This is because the contractor and subcontractor have a contract with each other.
General contractors should have highly specialized contracts that cover various factors and defects. It may be beneficial for them to have someone on their side who can assist them with getting the contract written up and finding ways to enforce it as needed.
