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Legal Briefing
When the kit doesn't fit: 'fitness for purpose' in the construction industry
Practice Area: Construction
Sector: Construction
Jurisdiction: England & Wales
Published: 24 October 2011
Law Firm: Wragge & Co
Overview
'Fitness for purpose' and 'satisfactory quality' are deceptively problematic concepts which are frequently encountered in the construction industry. This briefing from Wragge & Co analyses two separate Court of Appeal decisions; BSS Group Plc v Makers (UK) Ltd and Lowe v W Machell Joinery Ltd, which provide useful guidance in this area.
Both decisions serve as a timely reminder of how implied terms under the Sale of Goods Act impact on construction contracts. Lowe also demonstrates the danger of not having a written contract, which ultimately resulted in a 'mismatch of assumptions'.
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