A member asked almost 9 years ago

Supplied incorrect goods

A contractor failed to supply goods to the construction site on time, causing the builder to charge me additional fees for delays and work-around solutions. Can I claim these extra fees against the contractor?

Steven Brown
Chairman at Etienne Lawyers

It is not possible to provide advise. In general the issue of whether goods supplied out of time result in a damages claim will depend upon the contract between you and the supplier. If the goods were goods that you agreed to supply to your builder then the builder is entitled to an extension and more money if the goods are delivered late and his schedule is put out by this delay. Whether you can pass the additional costs on will depend on your contract with the supplier and in some cases, the operation of the Australian Consumer Law as you may have remedies against the supplier for misleading and deceptive conduct (s18), unconscionable conduct (s20) and or unfair contract term (s23).



Answered almost 9 years ago   Legal disclaimer

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