Who Takes Responsibility For Construction Defects?

The one thing all contractors, vendors and developers are afraid of is being sued for construction defects on a project that has been completed recently. Though, it doesn’t mean you are definitely liable for what happened. A lot of claims of building and construction defects involve accusations of negligence, strict liability or breach of warranty or contract. If you are facing any of these allegations, first you need to understand what is behind it and whether you are really guilty of any of the defects.


Negligence claims emerge from incidents where service providers, like (sub)contractors and developers are charged of not exercising the sufficient level of treatment, skill as well as expertise as is necessary in this industry. Even if you were not the one to carry out the construction,  bear in mind that contractors and also developers have ultimate responsibility for any claims of negligence by subcontractors.

Strict Liability

Implied service warranties of habitability enforce strict liability for general contractors. With rigorous liability claims, plaintiffs typically aren’t burdoned with the evidence that developers or contractors were irresponsible in building the project. Complainants must proof defendants had actually taken part in mass-producing buildings or structures. They must likewise reveal issues exist and that damages resulted from these flaws, which were developed or triggered by defendants.

Breaches of warranty

Such contract as purchase agreements address any kind of warranties connected to problems of residential or commercial properties and also breaches of express warranties. Court precedents hold sellers as well as contractors liable for implied warranties, that is, buildings being properly designed and developed in a practical workmanlike manner.

Breaches of contracts

Homeowner might sue against contractors or developers for privity of the contract and breaching responsibilities defined in sale papers, purchase agreements and also escrow instructions. Under doctrines of substantial performance, contractors might be required to pay the specified amount of money with deductions for reduced market values due to builders’ noncompliance with specifications or plans.

Get Legal Help

If you are encountering any of the above allegations, you need to learn about the legal choices available to protect yourself. Whether you are a general contractor, subcontractor, vendor, supplier, owner or developer, a construction law attorney from our firm will assist you in effectively and efficiently resolving your disputes. McKoon, Williams, Atchley & Stanley, PLLC can negotiate a contract, communicate your claims to the owner, assist you with being paid, remove or file mechanic’s liens and stop notices, engage in informal dispute resolution, and, if necessary, protect your interests by filing or defending against a lawsuit. Contact us to find a solution to your construction legal problem.