Non-conforming products – a tragic reminder
The recent tragedy at the Grenfell Tower in London highlights the importance to contractors of the risks and dangers in utilising non-conforming products.
The leader of the relevant Council has stepped down from his role, following widespread criticism of his involvement in this decision.
Here in Australia, many contractors will no doubt recall the Infinity electrical cable recall and the headaches that followed.
What are non-conforming products?
Non-conforming products may not be obvious at the time of installation or construction, with the consequences possibly not being realised for some time
and only after there has been a failure. This occurred in the Infinity cable example.
Am I liable?
Whether you have recourse against someone higher up in the food chain will depend on the particular circumstances of the job and the product.
However, as we saw with the Infinity cable issue, the manufacturer was in liquidation, so no recourse against the manufacturer was possible.
Consumers or home owners are likely to be entitled to a refund or replacement of non-conforming goods. They may also be entitled to compensation for any
consequential (or flow-on) loss they may suffer as a result of the goods or services failing. Consequential loss, for example, can include damages
to replace someone’s home after it burns down as a result of a fire being caused by the defective product.
What is being done?
Fines of up to $120,000.00 can be imposed in the event of any breach of the new legislation, once in effect.
If you would like more information on non-conforming products, please contact the team at McKays.