- Implied term to provide CDM Regs information (Acotec v McLaughlin)
- Original news
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Construction analysis: The Scottish court held there was an implied term that the lessor of a temporary structure (a cofferdam) would provide the contractor with the design information it needed to comply with its obligations under the Construction (Design and Management) Regulations. Such a term was necessary to give the contract business efficacy and was so obvious that it went without saying. However, there was no such implied term in relation to providing the information needed to comply with non-mandatory guidance in a British Standard. The court further held that ‘fully operational’ did not mean that the cofferdam must be capable of use in all weather conditions.
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