Defective Work: What are Your Rights?

Posted in Latest News

Does a Landscaper Have a Right to Fix Defective Work?  Is an owner obliged to give a landscaper a chance to fix any defective work?
 
The answer is unless there is an express contract term which requires the owner to give the landscaper an opportunity to fix, then an owner is NOT obliged to give the landscaper a chance to fix and the landscaper does not have any right to fix the defective work.
 
However, anyone who complains of defective work is obliged to act reasonably and to mitigate any loss.
 
If an owner spends $6,000 to fix something that a landscaper could have fixed for free, then the landscaper may have a reasonable argument that the owner has failed to mitigate their loss, or that the Court should only award the owner a reasonable amount for compensation or damages.
 
This issue can be easily resolved by ensuring that you have a written contract, which includes a right to fix, and which sets out what the owner must do if they are concerned about any defective or incomplete work.

This advice was compiled for MLSA members by Gold Sponsor FBR Law, who are kindly offering a unique fee structure for MLSA members. If you have concerns you would like to discuss with a lawyer, you can receive a free 15-minute phone consultation with FBR Law (complimentary with your MLSA membership). Please email [email protected] to book.

18 Oct 2018