Avoiding gate metal via shorting to source or drain contacts

Techniques relate to forming a gate metal via. A gate contact has a bottom part in a first layer. A cap layer is formed on the gate contact and first layer. The gate contact is formed on top of the gate. A second layer is formed on the cap layer. The second layer and cap layer are recessed to remove a portion of the cap layer from a top part and upper sidewall parts of the gate contact. A third layer is formed on the second layer, cap layer, and gate contact. The third layer is etched through to form a gate trench over the gate contact to be around the upper sidewall parts of the gate contact. The gate trench is an opening that stops on the cap layer. Gate metal via is formed on top of the gate contact and around upper sidewall parts of the gate contact.