You invested countless hours—and a considerable budget—into building your dream home or completing a major renovation. But now, you’re dealing with unexpected cracks, leaks, or structural problems. When a construction defect leads to property damage, the emotional and financial toll can be overwhelming. To make matters worse, figuring out who is responsible can be just as complicated as the build itself.

At Artemis Law Group, we know how devastating construction defects can be, particularly when they result in real property damage. Serving homeowners and property developers across San Diego, we help you identify the parties at fault, evaluate your legal options, and pursue accountability. Below is a breakdown of who may be liable in a construction defect case—and under what circumstances.

General Contractors

The general contractor manages the construction project from beginning to end. They coordinate subcontractors, enforce building codes, and ensure the project meets contractual obligations. When their oversight fails, they are often at the center of legal responsibility.

A general contractor may be liable in San Diego if:

The defect arose from poor supervision or management
Their work failed to meet safety regulations or code requirements
They hired unqualified subcontractors or ignored red flags
They failed to secure proper inspections or permits
They deviated from agreed-upon construction plans or specifications

Subcontractors

Subcontractors carry out specialized tasks like plumbing, electrical work, roofing, or foundation installation. When a construction defect can be traced to their specific trade, they may be directly liable.

Subcontractors may be held responsible if:

The problem is tied to their area of work (e.g., faulty wiring or drainage)
Their workmanship fell below acceptable standards or violated building codes
They used poor-quality materials or improper installation techniques
They failed to coordinate with other trades, leading to system failures
Their execution did not follow approved designs or engineering specs

construction worker and couple inspecting property damage in San Diego

Architects and Engineers

Design professionals provide the blueprints and calculations that guide construction. Even when a project is built to spec, flaws in the original design can lead to long-term structural or functional issues and property damage.

Design professionals may be liable if:

The defect stems from flawed or negligent design
The plans violated engineering standards or local building codes
They failed to account for site-specific factors like soil conditions or drainage
They provided inaccurate or misleading assessments of project feasibility
They did not adequately monitor construction to catch implementation issues

Material Manufacturers and Suppliers

Sometimes the defect doesn’t come from the design or workmanship but from the materials themselves—such as faulty concrete, warped framing, or defective windows. In such cases, the party responsible for supplying or producing the materials may be at fault.

They may be held accountable if:

The materials were inherently defective or unfit for use
Products failed to meet agreed specifications or quality levels
The supplier or manufacturer did not disclose known defects or recalls
A warranty was breached, either expressly or implicitly
Materials were falsely marketed as suitable for construction

Real Estate Developers

In larger construction projects or housing developments, the developer plays a key role in financing, planning, and managing the build from concept to sale. If cost-saving decisions led to defective work or materials, they may be liable.

A developer could be responsible if:

They knowingly approved poor-quality construction or design shortcuts
They failed to conduct proper quality checks or inspections
They concealed defects during the sale or failed to disclose known issues
They sacrificed safety or quality in favor of profit
They violated local or state disclosure obligations

construction workers in San Diego discussing construction defects on their site

Homeowners Associations (HOAs)

In communities with shared amenities or infrastructure, the HOA is responsible for maintaining common areas. When shared property suffers from construction defects and the HOA fails to act, they may be brought into the legal discussion.

An HOA may be liable in San Diego if:

They ignored maintenance issues or defect complaints from members
They delayed repairs, exacerbating the damage
They failed to pursue a valid defect claim on behalf of the association
They did not fulfill their maintenance responsibilities under the CC&Rs
They allowed unsafe conditions to persist in shared spaces

Insurance Providers

Although insurers aren’t responsible for causing the defect, they can still be liable for how they respond. Builders’ risk policies and general liability coverage are often in play—and insurance companies may be held accountable for bad faith conduct.

An insurer may be liable if:

They wrongfully denied a valid claim under the policy
They delayed payouts, worsening the damage or financial strain
They failed to provide a defense in litigation involving covered damages
Their policy terms were ambiguous, deceptive, or inconsistent
They acted in bad faith or breached the implied covenant of fair dealing

When Multiple Parties Share the Blame

Construction projects are complex, involving dozens of people and moving parts. It’s common for multiple parties to contribute to a single defect. For instance, a structural flaw might be rooted in poor design and subpar execution. In these situations, liability may be divided among architects, contractors, or manufacturers. A seasoned construction litigation attorney can help you determine fault and pursue every responsible party to maximize your recovery.

Turn to Artemis Law Group for Construction Defect Representation in San Diego

If you’re facing property damage from a construction defect in San Diego, taking legal action starts with identifying who’s at fault. At Artemis Law Group, we conduct thorough investigations, collaborate with expert witnesses, and take aggressive legal action to hold all liable parties accountable. Don’t let a construction defect jeopardize your investment.

Contact Artemis Law Group today to schedule your consultation and protect your property.

Construction Defects in San Diego: Who Can Be Held Responsible for Property Damage?