Monday, November 17, 2014

Construction Defects - Failure to Notify

The duty to notify the owner or their representative, belongs to all contractors and sub-contractors on a project.

Duty to Notify

When a party observes a deficiency on a project and fails to make a notification, they become partially responsible for that mistake.

If a stucco plasterer observes inadequate flashing around a door, they have a responsibility to report it.
If a tile contractor realizes that the waterproof membrane in a shower is insufficient, they have a responsibility to notify the owner.
If a painter sees that the drywall in a bathroom is not the proper waterproof variety, they have a duty to make a notification.

If a trade covers up the inferior work of a previous trade without making notice, then they become responsible for the errors as well.

Bottom Line

When a tradesman observes errors in the preceding stages of construction, they have a duty to notify the of the deficiencies.  Most of the time this is the contractor who hired them.  

If the General Contractor then fails to take corrective action, then they share the joint responsibility for correcting the mistakes.
 
Paolo Benedetti, SWD Aquatic Artist, Watershape Consultant, Expert Witness, International Construction Management 
Contact the author at: info@aquatictechnology.com or 408-776-8220 "Creating water as art."™ 
Aquatic Technology Pool and Spa© ©www.aquatictechnology.com All rights reserved.

No comments:

Post a Comment

If you desire to publish your comment, DO NOT INCLUDE names, links or advertising references. They will not be published and your comment deleted. Comments are moderated, so do not waste your time.
If you want to ask a question of Paolo Benedetti, you may email him at: info@aquatictechnology.com