Section 3.8.14 Owner Claims Against Subcontractors
| Library | Construction Law Practice Manual 3rd Edition 2016 |
§ 3.8.14 Owner Claims Against Subcontractors
A question that frequently arises in construing defect litigation is whether an owner may sue a subcontractor for the latter’s negligent work. As an illustration, let us assume that a roofing subcontractor performed negligently, allowing rain water to penetrate a building, causing substantial damage. ELR and Carstens proponents would contend that the owner should look to the negotiated remedies contained in the contract with the general contractor. However, based on Sullivan,58 it is quite clear that the...
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- Section 3.8.1 Introduction
- Section 3.8.2 Sanctity of Contract
- Section 3.8.3 Freedom of Contract Constraints
- Section 3.8.4 A Preference for Contract Remedies
- Section 3.8.5 Seely/East River/SRP v. Westinghouse
- Section 3.8.6 Commercial General Liability Insurance
- Section 3.8.7 Arizona Tort Actions vs. Arizona Contract Actions: Generally
- Section 3.8.8 Tort vs. Contract: Measure of Damages
- Section 3.8.9 Tort vs. Contract: Defenses
- Section 3.8.10 Assumptions Underlying Contract Law
- Section 3.8.11 The ELR in Arizona
- Section 3.8.12 Privity Is Essential to the ELR
- Section 3.8.13 The ELR and Design Professionals: The Preeminence of Donnelly
- Section 3.8.14 Owner Claims Against Subcontractors
- Section 3.8.15 The Integrated Systems Limitation
- Section 3.8.16 Conclusion
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