When a contractor performs work under a contract, they have a legal obligation to complete that work under the terms of the contract. If they do not, the owner can hold them liable for their failure. Depending on the circumstances of the failure, this failure could be either non-conforming work or defective work. These have slightly different connotations that contractors and owners should understand.
Defining Non-Conforming and Defective Work
In construction and contract work, non-conforming refers to work that does not meet the standards and requirements of the contract. This can be due to a number of problems, including:
- Errors and omissions
- Deviations
- Poor quality in workmanship or materials
- Defects in the design or materials
- Poor execution of the project
Defective work is a type of nonconforming work. Specifically, it applies when the work does not meet the standards of the contract due to defects with materials, design, or workmanship. Defective work affects the safety and suitability of the final project for its intended purpose. Defective work is often found in the final inspection or approval process.
Contractor Obligations for Remediation
The obligation for remediation for poorly done work is part of the construction contract. A well-written contract will allow the owner to reject work for failing to meet contractual obligations. The contract should also include the requirements for fixing the work. If either non-conforming or defective work is present at the final inspection, the contractor has a legal obligation to correct the problem based on the terms of the contract.
In most instances, the contractor must take on the expenses to fix non-conforming or defective work. This includes the expense for any additional inspections and testing. The length of time the contractor has to perform these corrections depends on the terms of the construction agreement or the state’s laws.
Rights and Recourse
If a contractor on a construction project fails to fulfill their contractual obligations, the owner has certain rights based on the contract and state laws. While the terms vary from state to state and based on the wording of the agreement, owners typically have the right to take legal action against the contractor if the contractor does not uphold its contract.
Before taking that step, owners should work with the contractor to come to an agreement by sending a written notice stating the issues and inviting the contractor to correct the problems per the terms of the contract. If the contractor refuses, they can take the case to court.
Taking action quickly is important in these cases. Understanding the terms of the contract and holding the contractor to that contract is the right of any owner. When a contract is breached, the owner can hold the contractor legally responsible for their non-conforming or defective work. If you feel that you have a case that falls under this protection, reach out to our law firm for a consultation to discuss your options.
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