Construction defects can happen during new construction, renovations, and both commercial and residential projects. They often lead to litigation, as there may be a substantial amount of money on the line.
During this process, parties may debate who is actually responsible for the defect. Even if it is clear that there is an issue with the property, who is liable for that mistake and therefore responsible for paying any compensation?
General contractors
In some cases, general contractors hold responsibility. They are supposed to be overseeing the project, so mistakes made on their watch may fall under their responsibility.
In other cases, liability may fall on subcontractors. Perhaps a subcontractor made a mistake or did not perform work within the scope of their contract. However, it is worth noting that general contractors are sometimes held responsible for the mistakes that their subcontractors make, so this is not always black and white. Even if a subcontractor caused the defect, the general contractor may be the one who is ultimately liable.
Outside entities
Moreover, there are entities outside of the daily work on the project who could be responsible. Maybe there are defects in the parts and materials being used on the project, so it is the material supplier who made the mistake.
Another example could be if there is an architectural defect. The work was done correctly by the general contractor and the subcontractors, but the architect created a significant property defect during the planning and design stages.
Addressing complex litigation
This helps to demonstrate how complicated it can be to determine what should happen when a construction defect is identified. As contractors, architects and material suppliers go through the litigation process, it is important for them to understand exactly what legal options they have.