Without question, a contractor
who performs substandard work
and delivers a defective product
will be held responsible for correcting
the defect, and probably for any
damages caused by it. Contractors
have a duty to perform their work
in a workmanlike manner and with
ordinary and reasonable skill. The
law measures a contractor's performance
against that of an imaginary
reasonably prudent contractor, who
practices the profession with the
degree of care and skill customarily
found in the trade.
This seems fair enough. It also
seems fair that a contractor who
knowingly purchases and installs
defective materials will be found
liable for the costs caused by the
defect. But should contractors be
held responsible for a defect if
they had no reason to suspect