If a contractor delegates duties to a substitute and does not release the original contractor from liability, who bears responsibility for nonperformance?

• A. The original contractor remains liable.
• B. The substitute bears sole liability.
• C. The homeowner has no remedy against the original contractor if the substitute disappears.
• D. Liability is transferred to the homeowner.

Answer: (A)

Delegation without release doesn’t erase the original promisee’s contract with the initial party. If the original contractor delegates the work but is not released via release or novation, the original contractor remains responsible for performance to the homeowner. So, when nonperformance occurs, the homeowner’s remedy lies with the original contractor, who bears liability for breach despite appointing a substitute. The substitute’s failure might create liability between the substitute and the original contractor or under a separate contract, but it does not transfer the homeowner’s contract liability away from the original contractor. Thus, the original contractor stays liable.