Can the owner of a building, who served as his own general contractor, be sued for a construction defect by a subsequent owner.

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I served as my own general contractor and built a fourplex. I and a co-owner rented it for four years then sold it. Two years after the sale, the new owner's insurance company is claiming a construction defect resulted in water damage. I carried course of construction insurance, as required by the lender, but don't believe I had any insurance for a construction defect. Can I be sued because I built it? Can I and my co-owner be sued because we owned it?

Attorney Answers

2
Peter Lamont ·
In theory, yes you could be sued. You would have to bring claims against all of yoru subcontractors. I suggest that you speak to an attorney near you asap.
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Anthony Murdock ·
They are more likely to claim that you did not disclose the water damage when the property was sold. However, if you are sued for the construction, you will want to tender the defense to your insurance company to insure you do not waive policy notice requirements. Do not assume that you do not have coverage for a construction defect. The standard CGL policy has a subcontractor exception to the "Your Work" exclusion. In other words, if one of your subcontractors messed up and caused the defect you likely have coverage and your insurer has a duty to defend. This is a very nuanced area of the law, however, so you will want to consult an attorney that has construction and insurance expertise.
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