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5 Cards in this Set

  • Front
  • Back

What is reasonable skill and care?

The ordinary skill and care expected of an ordinary competent man carrying out that particular act

Is there a higher level expected for professionals?

Yes - a specialist or professional would be expected to show the same level of skill and care expected of a similar man with that particular specialism

What is fitness for purpose?

The provision of a building that is suitable for the employer’s intended purpose (i.e. it has GOT to work)



It is clearly a more onerous obligation that reasonable skill and care

How is fitness for purpose dealt with under JCT D&B / Contractor's Design Portion?

It is excluded - the obligation of a contractor providing design is stated to be the same as an architect or other independent professional employed by the employer directly

What is the duty to warn?

It has been held that the contractor has a duty to warn the architect / employer of any defects in the architect’s design that they are aware of, but this does not mean they have a responsibility to examine the design specifically looking for defects.