Increased scope of contractors’ design liability

The Supreme Court in E.ON v MT Hojgaard¬†has held that apparently inconsistent¬†provisions in a design and build contract relating to standard of skill and care as against the strict requirements of a technical output specification may both be enforced. This is likely to increase the scope of a contractor’s liability unless express provisions indicate otherwise. … Read more

The limits of good faith

Author: Michael Mendelblat, Professional Support Lawyer, Construction and Engineering, London   The NEC Form of Contract is now in wide use in construction projects. The first clause says that the parties "shall act as stated in this contract and in a spirit of mutual trust and co-operation", often referred to as "good faith". What this … Read more

The importance of consistency

Author: Michael Mendelblat, Professional Support Lawyer, Construction and Engineering, London   In a construction project, how a builder and/or designer's potential liability is classified in the contract and technical documentation can be crucial to recovery of any costs associated with remedying a defect in design. In some cases, liability arises from failure to comply with a … Read more