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Commentary

24 Implied terms

BUILDING AND ENGINEERING vol 5
| Commentary

24 Implied terms

| Commentary

24 Implied terms

A construction contract is a contract for work and materials and is thus normally governed by the Supply of Goods and Services Act 19821. Part I (Sections 1-11) of the Supply of Goods and Services Act 1982 implies terms into those parts of the contract which deal with the supply of materials, and Part II (Sections 12-16) implies terms into those parts of the contract relating to the supply of services2.

In seeking to establish the intention of the parties to a contract, the courts make various implications, of which two broad categories may be discerned3. First, there

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