Overview
Talon Legal represented a tradesperson in defending against a customer’s demand for a partial refund of $2,000. The dispute arose after water damage reoccurred at the customer’s property, despite the client’s warnings that additional works were necessary to ensure a comprehensive solution.
Talon Legal successfully dismantled the claim, demonstrating that the customer failed to follow professional advice and ignored critical recommendations thus availing our client of a defence specifically provided for section 32(7) of the Building Work Contract Act 1995 (SA) against statutory warranty claims.
Challenge
The customer alleged that:
- The works performed by the client was ineffective, as water ingress reoccurred several months after completion.
- The client misled them into believing the solution would provide complete waterproofing.
- They were entitled to a refund for the perceived failure of the service.
The dispute was complicated by the absence of a formal written contract and the customer’s prior failed renovations, which were not compliant with the Building Code of Australia or Australian Standards.
Our Approach
Talon Legal provided a firm and evidence-based response, addressing the allegations and presenting a comprehensive defence for the client.
Background Investigation
- Professional Advice Ignored – The customer was explicitly informed before the works commenced that additional civil works, such as drainage installation or concrete paths, were required to achieve a comprehensive solution.
- Budget Constraints – Despite understanding the limitations of the proposed solution, the customer chose to proceed due to financial constraints.
- Compliance Certificate Issued – The client issued a Compliance Certificate upon completion, certifying that the works met the relevant standards..
Defending the Claim
- Scope of Works Defined – Talon Legal emphasised that the verbal agreement and issued invoice clearly limited the client’s obligation to the installation of a waterproof membrane.
- Customer Negligence – Highlighted that the customer failed to mitigate water ingress by leaving the exposed wall unprotected, contrary to the client’s advice.
- Causation – Demonstrated that the subsequent damage was caused by the customer’s inaction and heavy rainfall in following installation.
- Open Source Data – Utilising data from the Bureau of Meteorology (which the Courts can take judicial notice) we were able to demonstrate the period in question was one of the wettest months on record in South Australia.
Outcome
Our detailed response successfully dismantled the customer from pursuing the matter further. The client avoided a costly legal dispute, and their professional reputation remained intact.
Key Takeaways
- Defined Scope of Works is Essential – Clearly outlining the limitations of proposed works can protect service providers from unfounded claims.
- Customer Accountability Matters – Ensuring customers understand their responsibilities and documenting advice can safeguard against disputes.
- Evidence-Driven Defence – Comprehensive documentation, including photographs and compliance certificates, provides critical protection in defending claims.
Facing a Statutory Warranty Claim?
If your tradie business in Adelaide faces disputes over service outcomes or refund demands, Talon Legal can help protect your reputation and defend your work with a strategic and evidence-based approach. Contact us today for a free 30 minute consultation to learn how we can assist.
