Client Alerts & Publications
Legal Q&A: Who Is Responsible for Construction Defects?
Authors: Cody Schneider,
Published Date: January 14, 2026
Cody Schneider, a partner in P&A’s Houston, TX office, was featured in The Construction Broadsheet‘s latest “Legal Q and A” to answer questions regarding responsibility for construction defects.
The questions include:
- We completed a large commercial office project a few years ago, and defects are emerging with multiple trades. Their contractual warranties were for a year. Is there any way to force them back to correct their work even though we are past the year?
- As general contractors, under what conditions, if any, are we liable for our subcontractors’ defects?
- Our drywall firm is taking on a project for a new (to us) general contractor. In the past, we have always given a one-year warranty for our work, but this customer is asking for three years. Are we obligated to give them a warranty period this long?
- Our general construction firm completed a multifamily project, which is suffering from water intrusion because of windows that our window sub installed incorrectly. The rain that came through caused significant damage, and the owner is worried about mold. Can we hire someone to repair drywall, replace flooring, et cetera and then bill the window sub? The sub wants to repair/hire their own companies to repair these things.
To read Cody’s responses, click HERE.