Author |
Message |
David Axt, AIA, CCS, CSI
Junior Member Username: David_axt
Post Number: 86 Registered: 03-2002
| Posted on Friday, January 31, 2003 - 06:15 pm: | |
Can product representative be held liable for the advice that they give? |
anoymous Unregistered guest
| Posted on Friday, January 31, 2003 - 06:46 pm: | |
This is not a legal opinion. Lawyers are not responsible for what they say because its not their job to be truthful. I would hate to hold a product promoter to a higher standard than a lawyer. It may be legal but it ain't right. |
Dave Metzger
New member Username: Davemetzger
Post Number: 27 Registered: 07-2001
| Posted on Friday, January 31, 2003 - 08:32 pm: | |
As architects/engineers/specifiers, we don't pay product reps for professional advice. Our clients do pay us for our experience and judgement. It's our job as professionals to sort through the opinions and advice we receive from product reps and manufacturer's data, and then try to separate the wheaty truth from the self-serving chaff. |
John Bunzick, CCS, CCCA
New member Username: Bunzick
Post Number: 60 Registered: 03-2002
| Posted on Monday, February 03, 2003 - 08:46 am: | |
It may depend on just what kind of promise or representation the representative makes, and in what form (written or verbal.) It may be possibel under the Uniform Commercial Code for a case to be made related to the product's "fitness for purpose." However, the UCC would only apply to the purchaser - most likely the contractor, but possibly the owner. Since the promise would have been made to the architect, there may not be a legal case. Even if proven, it would be the manufacturer, not the product rep personally, who would be liable. For most of us, the great exageration is probably unactionable. Any lawyers out there who might care to comment? |
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