Subcontractors and Responsibility

If a subcontractor does defective work, your contract is with the builder, not the subcontractor. The builder is responsible for the work of everyone they engage.

Your contract is with the builder

The builder engages and is responsible for the trades who carry out the work.

Defective subcontractor work is the builder’s responsibility

You generally look to the builder to rectify defective work, not to the individual trade.

Do not instruct subcontractors directly

Giving direct instructions can blur responsibility and create disputes about who caused a problem.

Raise issues through the builder

Use the contractual communication channel so responsibility stays clear.

Knowing this upfront differs from enforcing it later

Understanding the principle before signing makes it easier to hold the right party accountable during the build.

Questions to ask before signing

Who is responsible for subcontractor work? How do I raise concerns about a trade? Can I engage my own trades? How is responsibility recorded?

The key lesson

The builder stands behind the trades it engages. Keep responsibility with the builder by communicating through the contract.

Before You Sign

This guide provides general educational information for South Australian homeowners. It is not personalised legal advice. The effect of any issue depends on the wording of your own contract, schedules, Special Conditions, plans, specifications and the facts of the project. A good builder and a well-understood contract should work together. Before committing to one of the largest financial transactions you may ever undertake, consider having the actual contract reviewed so you understand the obligations, notice requirements and consequences before they are tested on site.

Before You Build. One Signature. One Chance.