Tag: design risk

Limits on the Contractor’s Liability under MF/1

MF/1 is a balanced contract providing plenty of opportunities for the purchaser to check the performance of the works – through three series of tests – before the contractor is released from liability.  It also clearly sets out limits on the contractor’s obligations. Limits on scope If you are acting

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IChemE Fitness for Purpose

Fitness for purpose clauses impose a duty on a contractor to achieve a specific result. They have come under scrutiny as a result of a series of cases in the English courts which imposed significant damages onto a contractor, in complex factual scenarios [read more]. This post considers the IChemE

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MF/1 Fitness for Purpose

Fitness for purpose clauses impose a duty on a contractor to achieve a specific result. They have come under scrutiny as a result of a series of cases in the English courts which imposed significant damages onto a contractor, in complex factual scenarios [read more]. This post considers the MF/1

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NEC4 Fitness for Purpose

Fitness for purpose clauses impose a duty on a contractor to achieve a specific result. They have come under scrutiny as a result of a series of cases in the English courts which imposed significant damages onto a contractor, in complex factual scenarios [read more]. This post considers the NEC4

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FIDIC Fitness for Purpose

Fitness for purpose clauses impose a duty on a contractor to achieve a specific result. They have come under scrutiny as a result of a series of cases in the English courts which imposed significant damages onto a contractor, in complex factual scenarios [read more]. This post considers the FIDIC

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Fitness for Purpose aka Promising the Impossible

One of the contract traps for anyone providing construction works is a fitness for purpose obligation. This type of strict liability output obligation is rarely expressly included in a construction contract* (one of the arguments being that it is not covered by standard insurances). However… Fit for furpose Whenever I

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Lessons from Failure: Check the Technical Data

I would like you to (1) learn from the failures of others (the quickest, cheapest and least painful approach) and (2) embrace the idea that failure is not optional – it is your best friend. Lesson: check the technical data In November 1999, NASA lost a $125m satellite, the Mars

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Copyright for Consultants

Most consultant appointments allow a licence for your client to use your drawings and designs for the Project for which you created them; and if your client uses them for other purposes then you are not liable for such use. How ‘the Project’ is defined will affect how your client

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What is a Defect?

Defects will occur in buildings. It is one of the great certainties in construction, the equivalent of death and taxes in life more generally Defining a defect Generally a defect is anything which renders the [works] unfit for the use for which it is intended, when used in a reasonable

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Quality: Fit for What Purpose?

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

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