You spent months working with contractors, designers, and builders to create your dream home or complete a major renovation, only to discover cracks, water damage, or structural instability. When a construction defect causes property damage, you may face significant financial losses. Worse, it may not be immediately clear who’s at fault. With so many parties involved, untangling liability is often as complex as the construction itself.

At Artemis Law Group, we understand how devastating a construction defect can be, especially when it leads to real property damage. As experienced construction litigation attorneys serving Los Angeles, we help you identify the responsible party (or parties), explore your legal options, and hold them accountable. Below, we break down the different players who may be liable and the circumstances under which they can be pursued for damages.

The general contractor

General contractors oversee the entire project and are responsible for ensuring the work is completed according to plans, codes, and contractual terms. Because they coordinate the efforts of various subcontractors and suppliers, they often bear significant responsibility.

The general contractor may be held accountable if:

The defect resulted from poor oversight or project mismanagement
The work failed to comply with building codes or safety standards
They used unqualified subcontractors or ignored red flags during construction
They failed to obtain proper permits or inspections
They did not follow contractual specifications or construction plans

Subcontractors

Subcontractors are hired by the general contractor to complete specific parts of a construction project, such as plumbing, electrical work, roofing, or framing. A construction defect in one of these systems may be traced directly to the subcontractor’s performance.

Subcontractors may be held accountable if:

The defect is tied to their specific trade work (e.g., faulty wiring, leaky plumbing)
Their work did not meet industry standards or building code requirements
They used substandard techniques or tools during installation
They failed to coordinate with other trades, leading to system conflicts or failures
Their work deviated from approved architectural or engineering plans

construction worker in Los Angeles stressed out about construction defects

Architects and design professionals

Design professionals such as architects and engineers are responsible for creating the plans that guide construction. A flaw in the initial design can cause long-term structural or system failures, even if the construction team executed the plans properly.

Architects and design professionals may be held accountable if:

The defect arose from faulty or negligent design work
The design violated building codes or engineering principles
They failed to consider soil conditions, load distribution, or drainage
They misrepresented the project’s feasibility or ignored safety issues
Their oversight during construction failed to catch issues with execution

Material suppliers and manufacturers

Sometimes, the defect originates not in the work itself but in the materials used, such as defective concrete, warped lumber, or substandard roofing tiles. In these cases, the company that produced or supplied the materials may bear some liability.

Material suppliers and manufacturers may be held accountable if:

The defect was caused by inherently flawed or dangerous materials
The materials did not meet the contract’s quality specifications
The supplier failed to disclose known defects or product recalls
The manufacturer breached an express or implied warranty
The materials were falsely advertised or misrepresented as suitable

Developers

In large residential or commercial developments, the developer often plays a central role in planning, financing, and managing the project from inception to sale. If shortcuts were taken or corners cut, the developer might be responsible for construction-related property damages.

Developers may be held accountable if:

They knowingly approved defective designs or construction methods
They failed to perform adequate inspections during or after construction
They sold units with concealed defects or failed to disclose known issues
They prioritized cost-cutting over safety or quality
They violated state or local real estate disclosure laws

construction worker fixing previous property damage in Los Angeles

Homeowner associations (HOAs)

In shared or planned communities, the HOA may be responsible for maintaining common areas and shared infrastructure. When those shared systems fail due to construction defects, and the HOA fails to act, they may become part of the legal equation.

Homeowner associations may be held accountable if:

They failed to maintain or repair known defects in common areas
They ignored complaints from unit owners about potential damage
They delayed action that led to worsening property conditions
They failed to pursue valid construction defect claims on behalf of members
They violated their duties under the community’s CC&Rs

Insurers

Depending on the circumstances, an insurance company may become involved, particularly when it comes to builders’ risk policies, general liability coverage, or construction defect coverage. While insurers are not typically at fault for the defect itself, they may be liable for refusing to cover damage caused by it.

Insurers may be held accountable if:

They wrongfully denied a claim that was covered under the policy
They delayed payment for covered losses, worsening the damage
They failed to defend the insured party in defect-related litigation
They issued ambiguous or misleading policy terms
They breached the duty of good faith and fair dealing

Multiple parties may share liability

In many construction defect cases, more than one party may be legally responsible. For example, a design flaw by an architect combined with poor execution by a subcontractor can lead to significant problems. Liability may be shared or apportioned based on each party’s contribution to the defect. An experienced construction litigation attorney can help untangle these complexities and pursue claims against each liable entity to maximize compensation.

Contact Artemis Law Group to pursue accountability

When a construction defect causes property damage, determining who’s legally responsible is crucial to securing the compensation you deserve. At Artemis Law Group, our experienced team investigates the root cause of your defect, identifies every liable party, and advocates for your rights. If you’re dealing with property damage caused by a construction defect in Los Angeles, contact us today to schedule a consultation and protect your investment.

Who’s Liable When a Construction Defect Leads to Property Damage in Los Angeles?