Only yourself to blame
Barnes, R.
Only yourself to blame - 2001 - Building 266(8199) 31 August 2001, 51(1) .
Considers the response of contractors to the court's ruling in "Blyth & Blyth". The case involved the contractor Carillion, which had been engaged to build a leisure centre in Scotland on a fixed-price design-and-build contract whereby it took on liability for the engineer, "Blyth & Blyth's", design. Carillion subsequently found it had under-tendered because of allegedly inaccurate information provided by the engineer as to the employer's requirements. Its' subsequent claim against "Blyth & Blyth" failed. The courts ruled that the duty owed by the engineer to the employer could not be changed in retrospect. In the light of this ruling notes that many concerned contractors are attempting to get consultants to sign agreements that could enable them to recover losses in a similar situation. Warns contractors they are likely to be disappointed if they attempt to pass on this risk.
BLYTH AND BLYTH V CARILLION CONSTRUCTION LTD
FIXED-PRICE CONTRACTS
DESIGN AND BUILD CONTRACTS
CONSULTANTS LIABILITIES
TENDERS
Only yourself to blame - 2001 - Building 266(8199) 31 August 2001, 51(1) .
Considers the response of contractors to the court's ruling in "Blyth & Blyth". The case involved the contractor Carillion, which had been engaged to build a leisure centre in Scotland on a fixed-price design-and-build contract whereby it took on liability for the engineer, "Blyth & Blyth's", design. Carillion subsequently found it had under-tendered because of allegedly inaccurate information provided by the engineer as to the employer's requirements. Its' subsequent claim against "Blyth & Blyth" failed. The courts ruled that the duty owed by the engineer to the employer could not be changed in retrospect. In the light of this ruling notes that many concerned contractors are attempting to get consultants to sign agreements that could enable them to recover losses in a similar situation. Warns contractors they are likely to be disappointed if they attempt to pass on this risk.
BLYTH AND BLYTH V CARILLION CONSTRUCTION LTD
FIXED-PRICE CONTRACTS
DESIGN AND BUILD CONTRACTS
CONSULTANTS LIABILITIES
TENDERS