If non-conforming work results from the Owner or a separate contractor, who bears the cost of correction?

When non-conforming work results from the Owner or a separate contractor, the responsibility for the cost of correction typically falls to the Owner. This is based on the premise that the Owner is ultimately in control of the project and has the authority to dictate the decisions and actions of the separate contractor.

In a construction context, if the Owner directly engages a separate contractor for certain work, any issues arising from that contractor's non-compliance or deficiencies would not be the responsibility of the primary contractor or architect. Instead, the Owner, who opted for the separate contractor’s involvement, is accountable for addressing any resulting defects or issues.

This understanding is rooted in construction management principles where the risks associated with a project's execution and the quality of work are allocated based on contractual agreements and the parties' roles. When the Owner takes on a separate contractor, they assume the risk of that contractor's performance, thus bearing the costs needed to rectify any problems that arise from that arrangement.