It is readily accepted that products, goods, components and materials have to be reasonably fit for their purpose. That is, after all, what statute provides (Sale of Goods Act 1979 and The Supply of Goods and Services Act 1982). But does this also extend to something as big as a construction ...
Although implied terms only require you to be average, sometimes 'reasonable skill and care' means more than mere competency. Specialists On limited occasions, the courts imply a higher standard of care than 'average' but only for self-confessed specialists. Specialist: If a consultant has special knowledge, then she is expected to use ...
This blog follows from a workshop I ran for a subcontractor company. We were looking in detail at performance bonds and parent company guarantees on construction projects. These contracts often contain so-called 'indulgence clauses.' No Variation Discharges the Bond This indulgence clause was considered by the Court of Appeal in Hackney v ...
In deciding whether a clause is harmful (OFT) or unfair, a tribunal will consider whether your contract partner had a choice to accept or avoid a particular term. Many years ago, a highly influential judge, Lord Denning, said: "None of you nowadays will remember the trouble we had - when I ...
When is an offer not an offer but the award of a contract? When its a snake in the grass? The TCC recently has to grapple with the rights of the parties under a framework agreement, in unusual circumstances. A framework agreement normally allows an employer to instruct a contractor to carry ...
When could you be liable for a drop in the market value of a development you have worked on? In uncertain economic times, you need to know your exposure. A Normal Story of Developing Homes A developer (Gubbins) appointed an engineering firm (Grimes) for a housing development. Grimes agreed to design a ...
If you have to compensate someone for injuries caused when part of your property falls onto them, you may need to pass that loss to others. This article looks at a recent case to discover who was liable. A family were seriously injured in June 2007 when a concrete shopfront and ...