The Latin ‘Bona fide’, (which directly translates as ‘In good faith’) is a well-known phrase in common parlance. In the world of garden construction, it can be a powerful aid in the event of a dispute between a contractor/designer/landscaper and a customer.
As products, materials, techniques, installation methods and design uses are continually being altered, upgraded, changed and different testing systems are applied both in the factory and on site as issues arise, the recommended advice information provided at the time alters year on year – or so it seems!
For example, how many contractors considered factors such as ‘slip ratings’ when designing or specifying porcelain paving five or six years ago? With products arriving in the UK from an ever wider range of countries – mainly Spain, Italy, China and India – many with different uses and recommendations for installation, it has been difficult for most landscape firms to keep up to date with the latest advice.
Only now, with the publication of the new British Standard BS7533-101 (and shortly 102) are there clear guide-lines for the installation of paving. Although similar in many ways to the ‘old’ British Standards, the requirement to cover more ground by recognising the need for both ‘design’ and ‘fitting’ specification (the reason for the two new sub-numbers) has meant more detailed advice was required to cover the new products.
As an expert witness, specialising in landscape construction, I deal with many dispute claims each year. These are mainly claims made under The Consumer’s Rights Act of 2015, which covers projects up to six years after completion (a complaint must be raised within six years, although a case can drag on longer once a claim has been lodged in Court). It necessarily follows that many claims may concern works carried out five or six years ago, yet advice and specification may have altered during that time.
It is important therefore, in fairness to the contractor, that I examine the works bearing in mind the specification that was recommended at that time – even if the latest/current advice differs from that original advice. For this reason, it is very important that any leaflets or advisory notes that arrived on site with the products are retained by the contractor or designer in the job file for at least six years.
In the event of a project failure, the detailed inspection of the defective works will be measured against the prevailing advice given by the manufacturer at the time of installation, and not measured against current recommended methods.
For example, if a porcelain patio has ‘failed’ due to the lack of a bonding agent to back of the slabs, although the project had been laid professionally, with correct levels and falls, and the work was carried out five years ago, the fact that slurrying the backs of the slabs with a bonding agent was not a recommended practice at that time, the contractor will have a sound defence, by acting in a Bona fide manner – in good faith at the time of laying.