Legal Question in Construction Law in California

Re: construction defientces

It depends upon the significance of the deviation or deficiency and who is responsible.

There is a case law students read in contracts class where a wealthy merchant had a new mansion built. The owner and the architect specified that all piping must be ABC Steel brand, because ABC was a brand the merchant carried in his stores. The contractor instead installed XYZ Steel's pipe, and the merchant refused to pay. The court ordered him to pay, ruling that the deviation from spec was not material.

If the deficiencies have a material effect on the quality, usefulness, longevity or value of the work, however, there is a good chance a court would give the owner a judgment for money damages representing the reduction in value or the cost to correct, or in the alternative would order the responsible party to correct the deficiencies.

Usually the general contractor would be the responsible party, but not always; the legal responsibility might fall upon a subcontractor, a material supplier, or the architect. There will also be instances where the owner is sufficiently to blame that the judge or jury would not award damages to anyone.

A careful reading of the contract is also part of the evaluation of possible legal liabilty. Finally, in many cases a plaintiff will need expert testimony to establish that the construction did indeed deviate from plans or was deficient.