The Tennessee Supreme Court's opinion in Federal Insurance Co. v. Winters Roofing addressed the liablity of contractors for the work of their subcontractors. The court held that a contractor has a non-delegable contractual duty to perform work in a careful, skillful, and workmanlike manner. In Federal Insurance, a contractor hired to repair a roof attempted to disclaim liability for the actions of a subcontractor, which caused a fire damaging a home.
The court cited Bowling v. Jones, 300 S.W.3d 288, 291 (Tenn. Ct. App. 2008), in which the Tennessee Court of Appeals made the following observation regarding the implied duties encompassed in construction contracts:
Once a builder undertakes a construction contract, the common law imposes upon him or her a duty to perform the work in a workmanlike manner, and there is an implied agreement that the building or work performed will be sufficient for the particular purpose desired or to accomplish a certain result. Thus, failure to perform a building contract in a workmanlike manner constitutes a breach of the contract.
The bottom line is the general contractor is responsible to it's customer if the contractor or the subcontractor botches the job.
Dan Berexa
Nashville, Tennessee
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