A general contractor is like the head coach of a football team: the buck stops here. When there are problems on a construction project, the owner expects the contractor to fix them.

Sometimes a contractor can compel the subcontractor who caused the problem to fix it. For example, if the HVAC system isn't working properly, the contractor can have the HVAC subcontractor patch the leaking ducts or re-balance the system. But sometimes it doesn't matter who or what created the problem; it is the contractor's responsibility to fix it. When such responsibility is imposed by law, it is called a non-delegable duty.

All of a contractor's most important non-delegable duties involve subcontractors. These duties involve three primary areas: hiring qualified, competent subcontractors; ensuring job site safety; and preventing construction defects.

Hiring the Right People
Perhaps a contractor's most critical function is selecting the right subcontractors. Hire the right subcontractors and safety problems, construction defect problems, insurance issues and the myriad of other problems that plague contractor/subcontractor relationships either disappear or are reduced to a bare minimum.

Making careful hiring choices doesn't just affect your stress level. Contractors are legally responsible for the consequences of hiring subcontractors who are not qualified to do their assigned jobs.