The following Construction guidance note provides comprehensive and up to date legal information covering:
The implication of terms into a contract is a large and complicated area of law. Sometimes, a particular term will be implied automatically into all contracts of a specific type, either by statute or by common law. In other cases, implied terms are a way of supplying words which are not in the contract by looking at the original intended meaning of the contract when the parties entered into it, and to make the contract work.
This Practice Note looks at implied terms in the context of construction contracts—for more detailed commentary on implied terms generally and the difference between terms and representations, see Practice Note: Contract interpretation—express terms in contracts.
An implied term is one that has not been expressly agreed between the parties and is therefore not recorded in the contract. It will be implied into the contract for various reasons and in various circumstances—for example if it is necessary to give the contract business efficacy (ie the term is necessary to make the contract work).
It is common for gaps to exist in the express terms of a building contract but these are often only spotted by the parties when something doesn’t happen in the way that one, or both of them, intended or expected it to. Implied terms are not, however, simply a means
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234