- Reasonable skill and care obligation in NEC contract (SSE v Hochtief)
- 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 that, under Option M of a NEC2 contract, the contractor was only liable for defects where it had failed to use reasonable skill and care to comply with the works information. However, under the terms of the contract it should have carried out the remedial works and sought payment after liability had been determined. The court also concluded that the cost of third party remedial works was reasonable, even though it had increased significantly.
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