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How the everyday law actually works
What's Your CaseHow the everyday law actually works

Consumer

A service is judged on the care taken, not only on the result

Buying work is different from buying an object, because the promise implied in most systems is about competence and reasonable performance rather than a guaranteed outcome.

By Omkar Joshi4 min read

Unrecognizable male in casual clothes picking up order at counter with plastic bag and cup of hot drink in cafe
Photograph by Tim Samuel via Pexels
General information, not legal advice. This explains how something generally works. Law differs by jurisdiction and turns on the facts of a case, so take advice from a qualified lawyer before acting. How we work.

Goods and work are promised differently

When you buy an object, the promise is largely about the object: it should match its description, work, and be of a quality a reasonable buyer would expect. When you buy work — a repair, a haircut, building work, professional advice — the promise is usually of a different kind, and that difference explains a great deal of the frustration that follows a disappointing job.

In most systems a service contract implies that the work will be carried out with reasonable care and skill, within a reasonable time, and for a reasonable price where none was fixed. Note what that is not. It is not a promise that the outcome will be the one the customer hoped for.

Why the standard is competence rather than success

The reason for the distinction is not that service providers are favoured. It is that many outcomes are genuinely outside anyone’s control. A tax adviser cannot promise that an assessment will go your way, a physiotherapist cannot promise a recovery, and a lawyer cannot promise a verdict. Holding them to an outcome would either be unenforceable or make the service unaffordable, so the obligation attaches to the work instead.

The standard is usually measured against what a reasonably competent practitioner in that field would have done, not against the best in the profession and not against hindsight. That is a genuinely different question from whether the customer is satisfied, and it is why an unhappy client does not automatically have a claim. It is also why an outcome that was always unlikely does not become negligence merely because it did not happen.

Where an outcome is promised after all

There are important exceptions, and they usually come from what was agreed rather than from a general rule. A contractor who agrees to build to a specification has in effect promised a result: the thing either meets the specification or it does not. Many systems treat construction and similar work as carrying an obligation of result for the physical output, while treating the design judgement behind it as an obligation of care.

Where a service supplies goods as part of the work — parts in a repair, materials in a fitting — those goods commonly carry the ordinary quality promises attached to goods. So a single job can be governed by two standards at once, one for the components and another for the workmanship, and a dispute may sit on either side of that line.

Price, time and the estimates people argue about

Two of the commonest service disputes have nothing to do with quality. The first is a final bill larger than expected, and it usually turns on whether the earlier figure was a fixed quotation or an estimate. Those words are not always used carefully by either party, and in a dispute what matters is what a reasonable person would have understood rather than which label was attached.

The second is delay. Where no completion date was agreed, most systems imply a reasonable time, judged against the nature of the work rather than the customer’s patience. Where a date was agreed, it may or may not be treated as a strict obligation, depending on the system and the wording. Making time expressly essential, in writing, at the outset is the usual way of changing that, and it is far easier to do before the work starts than after it stalls.

Complaining about work in a way that goes somewhere

A complaint about a service is stronger when it identifies what should have been done and was not, rather than describing dissatisfaction. Photographs taken as the work progressed, the original scope, the messages agreeing changes, and any independent opinion on the standard of the work are the material that turns an impression into a case.

It is also usually worth allowing the provider to put it right, and in many systems the remedy structure expects exactly that. Repeat performance first, then a price reduction, is a common sequence for services, on the same logic that applies to goods. Refusing access and hiring somebody else immediately can weaken a claim, even where the original work was genuinely poor.

The part that varies, which is most of it

How service obligations are framed, what remedies follow, whether professionals are held to a separate regulatory standard, and how disputes are routed all differ between jurisdictions. Many professions also have a complaints body or ombudsman scheme that is faster and cheaper than a court, and using it may be a precondition to going further.

Nothing here is advice about a particular job. Where the sums are large, where a home has been damaged, or where a professional’s work has caused a loss elsewhere, a qualified lawyer in your jurisdiction is the right route. Ask early: limitation periods apply to these claims too, they can be shorter than people expect, and in some situations they begin running from a point earlier than the moment you noticed the problem.

Common questions

The work is finished and I hate it. Do I have a claim?

Only if the work fell below the standard of a reasonably competent provider, or failed to match what was agreed. Taste and disappointment are not the test in most systems, which is uncomfortable but consistent. Where the specification was vague, the argument usually becomes an argument about what was actually agreed.

Can I withhold payment until it is fixed?

Sometimes, and it is riskier than it feels. Some systems allow a set-off or a price reduction for defective work, but withholding the whole sum over a partial defect can put you in breach instead. Because this depends heavily on local rules and on the contract, it is a point on which to take advice before acting.

Does a professional guarantee their advice?

Generally they guarantee care and competence rather than an outcome. Many are also subject to professional regulation with its own complaints route, which can be quicker and cheaper than litigation. Whether a particular piece of advice fell below the standard is a technical question and usually needs an expert view.

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Omkar Joshi
Editor, What's Your Case

Omkar has been reporting on consumer, housing, work since long before it was fashionable and is unreasonably interested in the detail nobody else checks.