Performance of services and other obligations in a consultant's appointment
Performance of services and other obligations in a consultant's appointment

The following Construction guidance note provides comprehensive and up to date legal information covering:

  • Performance of services and other obligations in a consultant's appointment
  • Performance of the services
  • General duties and obligations
  • Standard of care
  • Role of the lead consultant
  • Duties under the CDM Regulations

A consultant’s appointment will contain numerous duties and obligations, both express and implied. This Practice Note looks at the consultant’s obligation to perform the services, and other key duties usually contained in a consultant’s appointment. It also looks at the role of the lead consultant in a project and duties prescribed by the Construction (Design and Management) Regulations 2015, SI 2015/51 (CDM Regulations 2015).

Performance of the services

At the heart of the consultant’s appointment is the agreement with the employer to perform the services set out in the agreement. Failure to perform these services will lead to the consultant being in breach of contract.

The services will usually be set out in a schedule to the appointment. The schedule of services will provide a detailed list of all the individual tasks that the consultant must carry out in performing its role in respect of the project concerned.

The specific services required will clearly depend upon the project in question and the role being performed by the consultant in each case. The consultant’s services will commonly include providing elements of the design and also supervising the construction of the elements of the works that is has designed where it is one of the design consultants. For example schedules of services, see Precedents: Schedule of services-Architect (Design and build procurement), Schedule of services-Architect