Material failure in sub contract- who eats it? - Page 3
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  1. #41
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    Quote Originally Posted by Trboatworks View Post
    I’m sorry- the product was found to be defective and pulled from market.

    Too bad that wasn't clear 2 pages ago....


    Still not sure that it's any "one's" fault tho. (in this equazsion)
    Might be best to split the costs....


    ----------------------

    Think Snow Eh!
    Ox

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  3. #42
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    Quote Originally Posted by Trboatworks View Post
    The general purchased and sold the materials at profit to their client.
    They are the party that client must seek redress from for defect.
    That general must seek redress from their supplier of those materials for defect.
    The general in this case is acting as a retailer of goods- they hold the expressed warranty.

    I specified goods suitable for task to be provided for work. (My responsibility).
    The general failed to provide materials which meet that specification (Their responsibility).
    They have potential for redress- it is not with me but with their supplier.
    I am delighted that this worked out for you. Sounds like the general is a class act.

    I do understand Tom's position ... but the quote above makes a big difference in my mind. The fact that the general sold the product for a profit would seem to mean that (in the terms of another excellent post above) he has assumed responsibility and risk for the product. IOW, he didn't just act as a gopher to fetch the product you specified; as you say, he acted as the retailer for the product. Not that I know a thing about how this would play out legally, but again, fortunately you've worked it out.

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  5. #43
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    Thank you Awake.

    My dry tone as I tried to discover the legal backdrop might have covered some plain truths here.
    I have a extraordinarily good working relationship with this general.
    I endeavor at all times to keep the relationship sound and am treated fairly.
    Also- I have a deep commitment to meeting the highest standards for my clients.
    I don’t expect problems- I just wanted to understand the playing field in case some arise.
    And when I started this thread was sort of put out that through no fault of my own I was facing burning a week with no income when my cash burn is sort of high.
    Now that I am in the middle of it it it just feels like any other contract- the client has a problem and I am doing my best to sort it out for them.

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  7. #44
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    Quote Originally Posted by Bondo View Post
    This sounds exactly why my insurance company dont insure wrought iron railing installations. It comes down to who is at fault. If the home owner buys a POS railing from home depot, you install it, and someone gets hurt from it. Who is responsible. The installer is. The reason is anyone can buy anything, but the "responsible" party installed it. They should have known it was a POS before someone got hurt.


    Now if you do $100,000 a year in business with this customer and you will keep doing the same over the next 10 years, what's the point of losing $10,000 if you get $990,000. But just make it a point that you will work closer with them on these kinds of issues.



    A friend of mine works as a code welder for big oil refineries. The company was failing weld inspections due to porosity, well they finally figured out that the steel itself was causing the issue. But who is at fault? Try proving it to the steel industry. Now where did the steel come from? Most likely not from USA.







    Sent from my SM-G960U using Tapatalk
    If they can't provide that the steel is junk anyway and the compliance group is about to get reamed.

    I also side with Tom.


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