UNDERSTANDING WHAT WARRANTIES APPLY TO YOUR WORK IN SA
AN ELECTRICAL CONTRACTOR HAS A GENERAL OBLIGATION TO DO THEIR WORK WITH DUE CARE AND DILIGENCE AND IN LINE WITH THE AGREED SCOPE. HOWEVER, ELECTRICAL CONTRACTORS SHOULD ALSO BE AWARE THAT WARRANTIES MAY APPLY TO THEIR WORK.
if the homeowner has expressly made known to the contractor the particular purpose for which the work is required, or the result that the homeowner wants the work to achieve, there is a warranty that the work and any materials used in performing the work will be reasonably fit for that purpose or of such a nature and quality that they might reasonably be expected to achieve that result.
Australian Consumer Law In addition to the general obligation and these statutory warranties, under the Australian Consumer Law an electrical contractor provides certain guarantees for any work they do for a “consumer” or any products/ appliances they supply to a “consumer”. Those guarantees include:
Building Work Contractors Act If an electrical contractor is contracted directly by a homeowner, the warranties under the Building Work Contractors Act will apply. Those warranties are:
the work will be done in a proper manner to accepted trade standards and in line with the plans and specifications agreed to by the parties;
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all materials supplied will be good and proper; the work will be done in accordance with all statutory requirements (which includes the National Construction Code and of course the wiring standards); if the contract does not state a period within which the work must be completed, the work will be performed with reasonable diligence;
the work will be done with due care and skill; the work will be fit for any particular purpose made known to the electrical contractor; the work will be of such a nature, quality, state or condition, that they might reasonably be expected to achieve any result the consumer makes known that it wishes to achieve; if no time period is stipulated in the contract, the work will be done within a reasonable time; any products/appliances supplied will be of acceptable quality, including that the products/ appliances are safe, durable and fit for all the purposes for which products/appliances of that kind are commonly supplied;
September 2021
