If I hired a GC to build our new residence but his negligence caused our foundation to crack, who is responsible for the $8,400 repair bill – the contractor or me?

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If I hired a GC to build our new residence but his negligence caused our foundation to crack, who is responsible for the $8,400 repair bill – the contractor or me?

During the construction phase of our home, the foundation cracked and had to be repaired. The contractor called a company specializing in this type of repair and it was lifted and repaired. The cost was $8,400. After research, I found that the contractor did not perform a compaction test before the foundation was dug and filled with concrete. When the home was almost complete, there were 2 large cracks around the front and back porches resulting from where trees were removed without properly repacking the soil upon removal.

Asked on January 14, 2016 under Real Estate Law, Georgia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The contractor is liable for the $8400 repair bill because it was caused by the contractor's negligence.
Negligence is the failure to exercise due care (that degree of care that a reasonable contractor would have exercised under the same or similar circumstances to prevent foreseeable harm).
The contractor's failure to perform the compaction test and failure to repack the soil breached the duty of due care and caused the cracks in the foundation during construction.  Therefore, the contractor is liable for the cost of repair resulting from the contractor's negligence.
 
 


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