Defective Performance

Work appearing completed does not necessarily mean the contractual obligation was properly performed. The goods' or service's nature, contractual criteria, and condition on delivery must be compared. Defects, incomplete work, and other breaches may have different conditions and deadlines.

The Promised Result and Actual Performance

The offer, specifications, sample, and annexes matter to assessment. Ordinary dissatisfaction must be distinguished from contractual breach. Work not done, work defectively done, and loss attributed to each must be specified. Special rules for sale, work, services, or mandate contracts must be examined rather than relying solely on a general compensation rule.

Inspection and Notification Records

Delivery and acceptance reports, reservations, the first defect discovered, and notices must be preserved. Certain contracts require inspection and notification. Later repairs may remove evidence of the original defect. Whether court-recorded preservation of evidence is needed before the technical condition changes requires separate assessment.

Choice of Claim and Loss

Repair, repeat performance, price reduction, withdrawal, and compensation cannot be combined under identical conditions in every case. Acceptance of work and waiver of all rights are also different. We compare the applicable contractual regime, effects of notices, and technical evidence to explain claim options.

Documents That May Be Prepared for the Initial Review

• Technical specifications and samples
• Delivery and acceptance reports
• Photographs and technical reports
• Defect notices and expense documents

Submit Your Matter

File review and representation are paid services. Scope and fees are agreed in writing before work begins.