Fitness for purpose is a phrase much debated and bandied about. But what does it really mean? What your contract needs If you want your contract to provide a project which is ‘fit for purpose’ you need three things: a contractor responsible for both design and construction (either D&B or
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
Although implied terms only require you to be averagely competent, 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
However well-drafted your contract is, there are some terms you cannot avoid and which may be added into your contract. Implied terms can be added to your contract, without your knowledge. They can arise from custom, be imposed by statute, or from decisions of the courts (known as case law),
However well-drafted your contract is, there are some terms you cannot avoid and which may be added into your contract. Implied terms can be added to your contract, without your knowledge. They can arise from custom, be imposed by statute (legislation, laws, rules and regulations), or from decisions of the
However well-drafted your contract is, there are some terms you cannot avoid and which may be added into your contract. Implied terms can be added to your contract, without your knowledge. They can arise from custom or practice (general, mercantile or local), be imposed by statute, or from decisions of
Many contracts contain a clause which allows both partners to change the project or its scope as matters progress. Many of the changes are due to: design development ie completing the scant details that existed when the contracts were signed design changes due to the client changing her mind unexpected
One of the hardest items in a contract to draft effectively is any limit on your liability. Some of the reasons are: they get a lot of focus in the courts who interpret them strictly i.e. the court will only allow you to rely on a limit if it is
When writing your contract, you should create clauses which are certain. It is one of the five essential elements for a binding contract (see What You Need). The courts will not enforce a clause or term if they cannot be sure what it means. Limiting Your Liability In Trebor v
Warranty has a number of different usages in contracts and in normal talk: In this post, we consider the last of these usages. Warrants, acknowledges and undertakes In a collateral warranty relating to the construction of a leisure centre, clause 1 stated: ‘The Contractor warrants, acknowledges and undertakes that… it