Metal Fabricators:

According to the New South Wales Office of Fair Work Trading:

“For licensing purposes, metal fabrication is the preparation, fabrication and erection of metal components in building work. Metal fabrication includes, but is not necessarily limited to, structural steel, ornamental metalwork (including fences and gates), handrails, security grilles, balustrades and the like. Metal fabrication does not include roof plumbing or wall cladding.” [1]

Metal fabricators can be involved in various aspects of building and construction work. Professionals who engage in metal fabrication are often responsible for essential structural and supporting elements in major or small scale construction projects. Either way, their clients will place a great deal of trust and reliance on the metal fabricator’s expertise. Negligence claims against metal fabricators can arise where the client is unsatisfied with the work being performed, or where some damage or loss has been occasioned allegedly due to the sub-par standard of the work carried out.

Such claims should not be taken lightly. If a person is a metal fabricator who has been accused of negligent work, a failure to deal adequately with the allegation can result in damage to reputation, an adverse finding in Court (should the matter go to litigation) and ultimately lead to serious hardship to the metal fabrication business he is conducting. Likewise, if a person feels that he has been the victim of shoddy work, a claim in professional negligence against a metal fabricator will need to be investigated closely before appropriate steps are taken to pursue that person’s rights.

Generally speaking, a claim in professional negligence will need to be assessed against the evidence as applied to the law. The evidence can take many forms: the work actually done as well as the contractual provisions which outline what responsibilities have been assumed by the professional. Evidence may also go to the standard of care that would be expected by the public in that particular industry. This too can change over time with shifting community expectations. The law will address issues going to what is known as “duty of care” and discuss how this may be ascertained in a given industry. One place where the requisite professional standards can be gathered is from a relevant policy or code of ethics adopted by the peak representative body for that profession.

The Fabricators & Manufacturers’ Association International “is a professional organization” dedicated “to improve the metal forming and fabricating industry.” [2] The Association may very well have policies and standards, as amended, which may go to the duty of care issue litigated in disputes involving negligence claims against metal fabricators. Through its certification programmes, the Association “has assembled some of the metal fabricating industry’s best experts in today’s essential metal manufacturing technologies to develop curriculum and criteria to verify and validate critical skills.” [3] Clearly, the industry operates at a very high standard and the expertise that the public is to expect from metal fabricators is of the highest quality. Other sources from which professional standards can be inferred, and according to which the conduct of metal fabricators can be assessed are, for example, the Australian Steel Association’s Consumer and Competition Protocol. [4]

It is not unusual to need to adduce expert evidence in dispute involving highly technical questions of fact. These are further issues that will need to be considered by the negligence lawyer who is working on your case. It is precisely from this expert evidence that the question of whether or not a standard of care has been breach might be determined. Although obtaining expert evidence may be a costly endeavour, in some cases it is essential in grounding a successful case before the Court.

If you are considering suing a metal fabricator for professional negligence, or you think that a metal fabricator has been negligent in the discharge of their duties, you may need to contact our law firm and speak to one of our professional negligence lawyers who will be able to provide legal advice about your potential professional negligence claim against the metal fabricator.

On the other hand, if you are a metal fabricator and you feel you could do with some legal advice in relation to your professional business, or if you are planning to defend against a professional negligence claim being made against you, then you may give some thought to contacting our negligence solicitors in Sydney for legal assistance.

If you could use some legal advice in relation to a negligence claim involving metal fabricators, we invite you to contact our firm by telephone on (02) 9233 4048 or email us at info@navado.com.au to book a consultation with one of our solicitors. 

[1] “Metal Fabrication”, New South Wales Government: Fair Trading (undated) <www.fairtrading.nsw.gov.au  (accessed 21 November 2013)

[2] “About Us”, Fabricators & Manufacturers’ Association International website (undated) <fmanet.org> (accessed 21 November 2013).

[3] “Verify and Validate Skills and Knowledge!” Ibid.

[4] Consumer and Competition Protocol (Australian Steel Association, 1 December 2012). This document can be obtained via the Australian Steel Association’s website located at <www.steelaus.com.au> (accessed 21 November 2013).

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