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Nicola-mod
Nicola-mod, Moderator
Category: Law
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Experience:  Moderator
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Faulty material were bought and provided by the client to a

Customer Question

Faulty material were bought and provided by the client to a contractor to carry out works on his behalf. The client has now withheld monies owed to the contractor because he holds the contractor responsible. Can he do this.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

What was the fault please?
Customer: replied 3 years ago.

The client supplied the wrong type cat6 cable. He supplied unshielded but should have supplied shielded.

Expert:  Jo C. replied 3 years ago.
Thanks.

Why does he blame the contractor for this?
Customer: replied 3 years ago.


He gives no reason for the blame. He just said he would not pay him the full fee and has retained £3000.

Expert:  Jo C. replied 3 years ago.
Thanks.

If the client was suggesting using supplies that were unsuitable for the job and the contractor did not warn him that they were unsuitable then there is an argument that the contractor was negligent and so liability exists.

The contractor has to act with reasonable care and skill and failing to mention that something is not suiable would offend.

However, if he was warned and its just that the client didn't want to incur increased costs or had bought the items already etc, then that is different entirely and thats his problem.

If the contract was performed without reasonable care and skill though then the client is entitled to withhold payment I'm afraid. He may not be entitled to the full amount but just the cost of putting right any failings though.

Can I clarify anything for you?

Jo
Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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Thank you,
Nicola

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