Dan Berexa's Tennessee Law Blog

Contractors have a non-delegable duty to ensure work of subcontractors is performed in a careful, skillful, diligent and workmanlike manner

The liability of a general contractor for the work of its subcontractors is addressed in J. Scott Griswold's recent article in the Tennessee Bar Journal Who's to Blame. The article discusses the Tennessee Supreme Court's opinion in Federal Insurance Co. v. Winters Roofing in which the court held that a contractor has a non-delegable contractual duty to ensure work is performed in a careful, skillful, and workmanlike manner and that the general subcontractor is liable for its subcontractor's substandard work.

Dan Berexa
Nashville, Tennessee

Tennessee Supreme Court Clarifies Liability of Contractors for Work of Subcontractors

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