CSLB Contractor's Law & Business Practice Exam

If a contractor completes a project according to plans and later discovers a building code violation, who is liable?

1. Only the contractor

2. Only the architect

3. Both contractor and architect

4. Neither contractor nor architect

The correct answer is: Both contractor and architect

The scenario presents a situation where a contractor has completed a project following the approved plans but later finds that there is a building code violation. The liability in this case falls on both the contractor and the architect due to their respective roles in the project. The contractor is responsible for adhering to all relevant building codes and regulations during construction. Although the contractor followed the plans provided, they also have a duty to ensure that those plans conform to all applicable codes. If the plans are incorrect or do not adhere to required codes, the contractor may still be held liable if it is determined they should have recognized the violation during their construction oversight. On the other hand, the architect is responsible for designing the building and ensuring that the plans meet all relevant building codes. If the plans created by the architect include a violation of the code, the architect can be held liable for this oversight, as they are expected to apply their expertise to create designs that fulfill legal requirements. Therefore, both parties can share liability when a building code violation is discovered after project completion, as the contractor must comply with codes in execution while the architect must ensure compliance in design.