Who Is Responsible for Defective Construction in Michigan? Contractor, Subcontractor, or Supplier?

Construction defects can create significant financial and operational problems for property owners, developers, contractors, and other businesses involved in a project.

A defect may become apparent during construction, shortly after completion, or long after the parties believed the project was finished.

When a problem is discovered, one of the first questions is often who is responsible for correcting the work and paying the resulting costs.

The answer depends on the nature of the defect, the contracts between the parties, the work performed, and the cause of the problem.

At Sadecki & Associates, we represent contractors, subcontractors, developers, suppliers, and construction businesses throughout Michigan in construction defect disputes, contract matters, and commercial litigation.

What Is a Construction Defect?

A construction defect may involve work that does not comply with contractual requirements, project plans, specifications, or applicable standards.

Defects may involve:

• Roofing or water intrusion

• Concrete or structural work

• Electrical or mechanical systems

• Plumbing

• Exterior building components

• Improper installation

• Defective materials

• Other incomplete or deficient work

Some problems have a clear cause. Others may involve several contractors, materials, or building systems, making responsibility more difficult to determine.

When the General Contractor May Be Involved

The general contractor typically has contractual responsibilities involving the overall construction project.

When defective work is discovered, the owner may initially look to the general contractor based on the construction agreement.

However, the work at issue may have been performed by a subcontractor or may involve materials supplied by another company.

The general contractor's responsibility will depend on the contract and the circumstances surrounding the defect.

When a Subcontractor May Be Responsible

Subcontractors frequently perform specialized portions of construction projects.

A defect involving roofing, electrical work, plumbing, concrete, mechanical systems, or another trade may involve the subcontractor responsible for that work.

The subcontract, project specifications, warranties, and evidence regarding how the work was performed may all become relevant.

Disputes may also arise between the general contractor and subcontractor regarding who must correct the work or pay resulting costs.

Can a Supplier Be Responsible for Defective Materials?

Not every construction problem results from improper workmanship.

Sometimes a product or material used on the project may be alleged to be defective or unsuitable for its intended purpose.

In these situations, responsibility may involve a manufacturer, supplier, installer, or multiple parties.

Determining the source of the problem is an important step before deciding how to pursue a construction defect claim.

Why Construction Contracts Matter

Construction contracts frequently establish responsibilities involving workmanship, materials, warranties, notice requirements, correction of defective work, indemnification, and dispute procedures.

These provisions can significantly affect how a defect claim is handled.

Contracts between the owner and general contractor may also differ from the agreements between the general contractor and individual subcontractors.

As a result, resolving a construction defect dispute may require reviewing several agreements rather than a single contract.

Document the Defect Before Repairs Begin

When a defect is discovered, there may be pressure to repair the problem immediately.

Some conditions require prompt action to prevent additional property damage or safety concerns.

However, preserving evidence can also be important.

Depending on the circumstances, useful documentation may include photographs, videos, inspection reports, project drawings, specifications, contracts, invoices, correspondence, and records of repair costs.

The parties involved may also need an opportunity to inspect the alleged defect before significant repairs or demolition occur.

Resolving Construction Defect Disputes

Construction defect disputes do not always require litigation.

Depending on the circumstances, the parties may be able to resolve the issue through inspections, corrective work, negotiations, mediation, or settlement.

Other disputes may require formal litigation when the parties disagree regarding responsibility, the appropriate repair, or the amount of damages.

Understanding the cause of the defect and the contractual relationships between the parties can help determine the appropriate approach.

Frequently Asked Questions About Construction Defects in Michigan

1. Who is responsible for defective construction?

Responsibility depends on the cause of the defect, the work performed by each party, and the applicable construction contracts.

2. Can a subcontractor be responsible for defective work?

Yes. A subcontractor may be involved when the alleged defect concerns work performed within that subcontractor's scope.

3. What if the construction materials themselves are defective?

A dispute involving defective materials may involve the supplier, manufacturer, installer, or other parties depending on the cause of the problem and the contractual relationships involved.

4. Should a construction defect be documented before it is repaired?

When possible, preserving photographs, inspection information, contracts, project documents, and other evidence can be important. Immediate action may still be necessary when a condition creates additional property damage or other serious concerns.

Construction Defect Representation Throughout Michigan

Construction defects can lead to disputes involving repair costs, project delays, contractual obligations, and responsibility among multiple businesses.

At Sadecki & Associates, we represent contractors, subcontractors, developers, suppliers, and construction businesses throughout Michigan in construction defect claims, contract disputes, and commercial litigation.

If you are involved in a dispute concerning defective construction or responsibility for repair costs, contact Sadecki & Associates to discuss your legal options. 

Disclaimer: This blog is provided for general informational purposes only and does not constitute legal advice. Every legal matter is different, and the information provided may not apply to your specific circumstances. For legal advice regarding your individual situation, contact Sadecki & Associates to discuss your matter with an attorney.