A subcontractor who prepared preliminary plans used by a general contractor without a contract may avoid liability if which condition is met?

A subcontractor who prepared preliminary plans used by a general contractor without a contract may avoid liability if which condition is met?

• A. The subcontractor clearly disclaimed any responsibility for the plans
• B. The general contractor assumed responsibility
• C. The owner approved the plans
• D. There was a contract

Answer: (A)

A clear written disclaimer that the subcontractor takes no responsibility for the plans and that the work is preliminary or for informational purposes only is the key protection here. When there’s no contract, liability for negligent preparation can extend to those who contribute plans used in construction. A explicit disclaimer communicates that the preparer did not intend to guarantee or take on liability for the final use of the plans, which can shield them from claims arising from errors in those preliminary drawings. The other factors—having the general contractor assume responsibility, owner approval, or merely the existence of a contract—do not automatically absolve the subcontractor and, in many cases, do not address the liability arising from the preliminary work.

A clear written disclaimer that the subcontractor takes no responsibility for the plans and that the work is preliminary or for informational purposes only is the key protection here. When there’s no contract, liability for negligent preparation can extend to those who contribute plans used in construction. A explicit disclaimer communicates that the preparer did not intend to guarantee or take on liability for the final use of the plans, which can shield them from claims arising from errors in those preliminary drawings. The other factors—having the general contractor assume responsibility, owner approval, or merely the existence of a contract—do not automatically absolve the subcontractor and, in many cases, do not address the liability arising from the preliminary work.