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ARTICLE · 23 DECEMBER 2017

Civil contractors legal guide: Quality

Most standard-form contracts provide that a contractor's works will be carried out in a "proper and workmanlike manner".

AustraliaReal Estate and Construction

Standard of Workmanship

Most standard-form contracts provide that a contractor's works are to be carried out in a "proper and workmanlike manner". Different words may be used but the general concept is the same.

Even if the contract does not describe the standard of workmanship, the common law (that is, the law that develops over time through precedents set by the courts) says that this standard of workmanship is implied into every works contract.

Because it is the contract that sets the standard, the law treats work which falls below this standard as a breach of contract.

Your rights if a Subcontractor does defective work

Under the common law, this breach of contract will entitle the contractor's principal or employer to be compensated for the loss and damage suffered as a result of poor workmanship.

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