How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Nicola-mod Your Own Question
Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
Type Your Law Question Here...
Nicola-mod is online now

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: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

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

What was the fault please?
Customer: replied 4 years ago.

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

Expert:  Jo C. replied 4 years ago.

Why does he blame the contractor for this?
Customer: replied 4 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 4 years ago.

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?

Expert:  Nicola-mod replied 4 years ago.

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

If the Expert was helpful, rating their answer as satisfactory transfers your deposit to them – this is how the Expert is compensated.

To rate your answer, you can go to your question page, and click one of the five faces below the Expert's answer. Please be sure you are logged in with your username and password or you will not be able to view or rate your answer.

If you still need help with your question, please feel free to reply to the Expert on this question page. You may ask as many follow-up questions on the same question page as you need until you are satisfied.

Thank you,