Contractor Payment Dispute Over Accepted Work Defect Burden
Synthèse Legislator
Généré par l'IAA party whose work, performed under a contract for services, was accepted by the principal, sought payment for the work after the principal refused to pay, claiming the work was defective, but the lower court dismissed the claim based on the principal's failure to provide specific proof of the alleged defects at the time of acceptance. The High Court upheld the lower court's decision, reasoning that when a principal accepts work without reservation, they are presumed to have accepted the work as conforming to the contract terms, and the burden of proving later-discovered defects rests entirely upon the principal, a burden which was not met in this instance.
Regeste Legislator
Généré par l'IAContractor Payment Dispute Over Accepted Work Defect Burden: The High Court upheld the lower court's decision, reasoning that when a principal accepts work without reservation, they are presumed to have accepted the work as conforming to the contract terms, and the burden of proving later-discovered defects rests entirely upon the principal, a burden which was not met in this instance.