Commentary

31 Obligations as to design

BUILDING AND ENGINEERING vol 5

31 Obligations as to design

31 Obligations as to design

The extent if any to which the contractor is required to contribute to the design of the works depends upon the terms, express and implied, of the contract. The most important consequence of responsibility for design is that of rendering the party liable for defects resulting from design errors, but there may be other consequences1.

Where a contractor undertakes to design and build all of the works, a term that the completed works will be fit for their purpose will be implied2, except where the contract expressly provides otherwise3 or where it is clear that the

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