The construction materials were delivered late: now what?
According to the Hibin terms and conditions, the construction trade must make every effort to meet the agreed delivery time. The construction trade is generally not liable for damages due to late delivery unless there is intent or gross negligence. However, this is a high threshold that is not easily met. Moreover, if delivery is delayed, you may not cancel, rescind or refuse payment.
To ensure that you can recover any damages from the construction trade due to late delivery of building materials, it is important to make clear agreements in advance that expressly deviate from Article 6 of the Hibin Terms and Conditions. In the event of a late delivery, for example, it may be convenient that the order may be cancelled so that the materials can be ordered elsewhere. In addition, agreements can be made about the consequences of late delivery, such as liability for (consequential) damage or payment of a contractual penalty.
Construction materials were damaged during transport: now what?
When construction materials are delivered to site by the construction trade, you must immediately check that they match the order placed. If there are any discrepancies (think: number, quality or damage due to transportation), the carrier must note this on the bill of lading and the recipient must report this to the construction trade within 24 hours of delivery. Failure to do so will void the right to claim these damages at a later stage.
The delivered building materials have defects: now what?
Upon receipt, it is often not immediately possible to check the entire delivery of building materials for defects, as in the case of a large shipment of roof tiles. Frequently, it is not discovered until the pallets are unpacked that some of the roof tiles, for example, have cracks. According to the Hibin terms and conditions, within 8 days of the time when the consignee "reasonably could have discovered" the cracks in the roof tiles, the consignee must inform the building trade by e-mail of the nature of the defect (cracks in the roof tiles) and the number of building materials affected (e.g., how many strands contain cracked roof tiles). This means that the recipient does not have to inspect all roof tiles immediately upon receipt, but will have to do so within a reasonable time after receipt. It is important that the tiles are not used after the defects are found, such as by placing them on the roof. If this does happen, the liability of the building trade for the defects lapses. Please note that minor deviations in size, weight, color and/or surface texture are permissible and therefore not defects on the basis of which the delivery may be rejected.
Tips for practice
- Assess the consequences of late delivery at the front end. If this could cause (considerable) damage, make agreements (if possible) with the building trade about the consequences of late delivery. Think about: penalty clause on late delivery, the right to rescind the agreement or cancel the order;
- Upon delivery, immediately check the delivery for correct quantities, quality and transport damage. Report discrepancies on the waybill and also by e-mail to the construction trade within 24 hours;
- Within a realistic period of time after delivery, ensure that the delivery is checked for defects. If defects are found, notify the construction trade by e-mail as soon as possible (but no later than 8 days after discovery).
