In Re (#01-02 January-February 2013)

Fitness for Purpose in Design and Build Contracts: a Standard or a Burden

Sergii V. Gan

When an architect is contracted separately by a client to prepare a design for a construction project, the liability of the designer is limited to the exercise of “reasonable skill and care”, unless otherwise provided in the contract. Similarly, the liability of professionals in the UK is limited in the areas of medical and legal practices where the outcome cannot obviously be guaranteed even if the best possible skills and care are applied…

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