Overview

The design and build contract is possibly the most popular model for procuring works, but what exactly does this mean in terms of the contractor’s design liability? This briefing looks at how the positions adopted across standard contracts and common bespoke drafting are far from uniform.

The briefing demonstrates how some JCT standardised contracts are often at odds with their own sub-clauses. To provide some clarity on the matter, commercial contracts and their implied terms are analysed with particular reference to the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. Lastly, the briefing discusses the question; which is better from an employer’s perspective, a contract containing a reasonable skill and care clause in relation to design or a contract with a fitness for purpose obligation?

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