When a plumbing contractor is hired to complete plumbing services which includes the installation of materials and fixtures, does the contract stipulate that the materials used will be of good quality and reasonably fit for a purpose?
British Columbia, Canada
The following excerpt is from Leemhuis v Kardash Plumbing Ltd., 2018 BCSC 1137 (CanLII):
It is trite law that a person who contracts to do work and supply materials warrants that the materials he or she uses will be of good quality and reasonably fit for the purpose for which they are used unless the parties agree otherwise:Ter Neuzen v. Korn, 1995 CanLII 72 (SCC), [1995] 3 SCR 674, at para. 78. In my view, there is no question that when a plumbing contractor is hired to complete plumbing services which includes the installation of materials and fixtures that there is an expectation, unless the parties have agreed otherwise, that the materials and fixtures used will be of good quality and reasonably fit for a purpose.
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