Legal Question in Construction Law in Texas
Contractor hiring a subcontractor
A business hires a contractor to renovate a store. The contractor has to hire a subcontractor to meet his six month deadline because of a sudden increase in jobs. The business owner notices because the subcontractor is doing a poor job. The business owners sues for breach of contract and specific performance. The contractor argues he had the right to delegate the duties of the contract or to dischrge the contract due to commercial impracticability. How can this be resolved?
1 Answer from Attorneys
Re: Contractor hiring a subcontractor
Unless the contract with the owner restricts the use of subcontractors, the contractor is entitled to use subcontractors, but he still is responsible for the quality of the work. The contractor will be responsible for correcting the work, and will be in breach for not bringing the work into compliance.
If there is no restriction for using subcontractors, and the contractor has corrected the work, then the owner will be in breach for refusing to allow use of subcontractors. Of course, these are statements of general rules. There may be circumstances where the work is so badly done, that an owner would not be expected to permit continued inferior work on the premises.
In the construction industry it is a rare occasion indeed where no corrective work is required. That is why they have periodic or final "punch lists."
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