Is it defective?

Recently Jason McClintock posted this question on the Associations FaceBook page…

If a product is not installed as per manufacturers specification but it is still meeting its performance criteria as required under the Building Code, is it considered defective?

Lots of discussion feed into this, it was asked what is Geoff Hardy’s view on the matter, here is Geoff’s full answer…

I guess the short answer is that if the product is performing its intended function, then even if someone pointed out that it didn’t comply with the manufacturer’s specifications, what loss has anyone suffered? If you haven’t suffered any loss then there is no point in spending money holding the builder to account, because you won’t be awarded any damages. And it’s hard to see the BPB disciplining a licensed builder when his work is code compliant, and it isn’t negligent or incompetent.

However, if the product is not performing its intended function, and the reason for that is that the builder has not followed the manufacturer’s specifications, then it won’t help the builder that the installation was actually code compliant. That is because code compliance is just one of the builder’s obligations. He will also have been negligent, and possibly in breach of his contractual obligations, and the owners will have suffered loss as a result.  

So, it all turns on whether the product is performing its intended function, regardless of whether the installation was code compliant. If it isn’t performing its intended function, and compliance with the manufacturer’s specifications would have avoided the problem, then it’s defective.

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