\"Judith and John Brooks hired Wayne to build a house. The contract required Hay
ID: 460947 • Letter: #
Question
"Judith and John Brooks hired Wayne to build a house. The contract required Hayes to 'provide all necessary labor and materials and perform all work of every nature whatsoever to be done in erection of the residence.' Hayes hired subcontractors to do all of the work. One of Hayes's employees checked on the work site daily, but neither Hayes nor any of his employees actively supervised the building. The Brookses were aware of this working arrangement and consented to it. The mason negligently installed the fireplace, ultimately leading to a serious fire. the Brookses sued Hayes for breach of contract. Hayes contended that when the Brookses approved of his hiring of subcontractors to do all the work, that created a novation relieving him of any liability." Is he right?
Explanation / Answer
The claim by Brookses depends on the kind of contract they entered with Hayes. The agreement should mention the arrangement for subcontracting. Generally, the principal contractor is legally liable to pay for any damages caused by the subcontractor and this is mentioned in the agreement as well.
The work of the subcontractor should have been reviewed and inspected by Hayes. It was their primary responsibility to conduct all work according to the satisfaction of the Brookses. As they failed to do so, Hayes is the party responsible for any damage caused.
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