What Remedies are Available for Defective Services?
Section 60 of the ACL makes it so when people supply services in a business context there s a guarantee they will be rendered with due care and skill.
Services need to be fit for the express or implied purpose they were purchased for.
The same is true for any products which result from the services.
The purpose for which the services are provided can be express or implied.
For example, if someone pays a tradesperson to undertake renovations at their house and the workmanship is clearly substandard this area of law would apply.
It does not matter if there is no contract specifically saying the renovations will be done to a certain standard, this is implied.
This said, Section 61(3) states an exception.
This is that the law (above) does not apply when it can be shown the consumer did not rely on the service provider’s skill or judgment.
Further, Section 61(4) provides an exemption for qualified architects and engineers.
The legal information above should not be relied upon in favour of retrieving legal advice which contemplates your particular circumstances.