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Liability of design under JCT contracts

By: Language: English Series: Contract Journal ; (6562) 15 February 2006, 32(1)Publication details: 2006Subject(s): Summary: Considers the question of responsibility for design within the Employer's Requirements in JCT contracts. Prior to the decision in "Co-operative Insurance Society Ltd v Henry Boot Scotland Ltd" ([2002] EWHC 1270, ABS66316), it had been thought that cl 2.1.2 of JCT 98 set the employer's requirements and contractor's proposals as the starting point for the for the contractor's design responsibilities. In the above case, it was held that the contractor was responsible for ensuring that the whole of the design was undertaken with reasonable care and skill. Now JCT 05 places responsibility upon the employer, but provides that the contractor retains responsibility if the employer's requirements do not comply with statutory requirements.
Holdings
Item type Current library Call number Copy number Status Barcode
Journal article London Journal article L132598 (Browse shelf(Opens below)) 1 Available 132598-1001

Considers the question of responsibility for design within the Employer's Requirements in JCT contracts. Prior to the decision in "Co-operative Insurance Society Ltd v Henry Boot Scotland Ltd" ([2002] EWHC 1270, ABS66316), it had been thought that cl 2.1.2 of JCT 98 set the employer's requirements and contractor's proposals as the starting point for the for the contractor's design responsibilities. In the above case, it was held that the contractor was responsible for ensuring that the whole of the design was undertaken with reasonable care and skill. Now JCT 05 places responsibility upon the employer, but provides that the contractor retains responsibility if the employer's requirements do not comply with statutory requirements.

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