poor workmanship by a subcontractor hired by my general contractor?
What are my rights if my general contractor hired a subcontractor to install replacement windows and I feel the quality of the windows and the installation are poor? I failed to get specs on the windows before they were installed, but the installation is terrible.
Re: poor workmanship by a subcontractor hired by my general contractor?
When dealing with a construction legal question - like yours - it is very important to look at the contract documents (if there are any) in determining the legal rights and responsibilities of each party.
Generally speaking, a contractor is responsible for good workmanship, and if something is installed or constructed negligently (poor workmanship), the contractor is liable to you for the poor work.
The important question is how and when. This is typically illustrated in the contract itself, but once again, generally speaking, you would (1) give notice to the contractor of the default; (2) provide him with a period to cure the default. If the contractor cures the problem, then there really is no problem. If the contractor does not, you must begin to take steps to cure the problem and recover from the contractor.
In proceeding, make sure you (1) do everything in writing, certified mail, return receipt requested - all notice of default letters, etc.; (2) preserve your evidence by taking photographs, getting reports from other contractors, engineers and architects.
Construction disputes are often complex and multi-layered. You should also consider seeking the advice and counsel of an attorney versed in construction law. Our firm focuses its practice on construction law.
Good luck, and let me know if I can be of further help.
