Commentary

29 Implied terms as to workmanship and materials

BUILDING AND ENGINEERING vol 5
| Commentary

29 Implied terms as to workmanship and materials

| Commentary

29 Implied terms as to workmanship and materials

Where it is not inconsistent with any express terms, the contractor is also subject to a threefold implied warranty:

  1. 29.1

        that all materials will be of satisfactory quality1;

  2. 29.2

        that they will be reasonably fit for their purpose2; and

  3. 29.3

        that all work will be carried out in a proper and workmanlike manner using reasonable skill and care3.

The first and (probably) the third of these terms will be implied notwithstanding that the work and materials in question are to be supplied by a nominated sub-contractor4, except where the contractor is instructed by

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