What entities are liable when construction defects occur?
When construction defects occur, the parties who may be liable can vary depending on the situation. Generally, contractors, designers, architects, and suppliers are all potentially liable for damages due to construction defects. Contractors may be liable for defects found during construction, while designers and architects can be liable for design defects. In addition, suppliers of materials can be liable if defects are caused by a defect in the materials they provide. In West Virginia, the law holds the general contractor or construction manager responsible for any defects caused by those performing the work under the contractor’s direction. The contractor is also responsible for damages resulting from any breach of the terms of the contract or any warranties made by the contractor. The designer and architect are liable for any design errors or omissions that result in injury or damage to the owner. Additionally, a supplier of materials can be liable if the defect is caused by the materials they supplied. The law in West Virginia also provides that a contractor may be liable for defective work even if they do not own or perform the work directly. This can happen if the contractor hires a subcontractor to perform the work and the subcontractor fails to complete it correctly. In this case, the contractor can be held liable for any damages caused by the subcontractor’s work. When construction defects occur, it is important to determine the liable parties and pursue any remedies available. If someone is injured or a property is damaged, the responsible party may be liable for costs associated with repairing the defect, as well as compensation for any resulting harm.
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