Design responsiblity Flashcards
Who are parties to the contract?
Contractors, employers, role of architect / contract administrator
What are some contractors obligations
Complete works in agreed form, standard, time frame, regular and diligently
Comply with statutory regulations and architects instructions
What are some employer obligations
To pay the agreed amount for the works
To co-operate with the contractor
To be responsible for the architect
What is reasonable skill and care
Professionals must carry out duties to a standard of a reasonable competent person
Liability only arises when negligence can be proven
What is Fitness for Purpose?
Must be fit for buildings intended use
Liability always falls on contractor if the end results does suit or isn’t fit for purpose
What is the reasonable skill and care case?
Bolam v Friern Hospital management committee (1957) 1 WLR J82
Which is the higher obligation on the contractor
Fitness for purpose
Requires a legal test
Which is more protective and less risky?
Reasonable skill and care
Ensures jobs are done to a professional standard
What happened in Bolam v Friern
The rule for assessing the standard reasonable care in negligence cases - The bolam test
Where do we fine FFP obligation
Fidic yellow and silver
What insurance would be taken out to protect against FFP?
Professional indemnity policy
What did Greaves and Co ltd v Baynham Meikle and partners CA 1975 state?
The law does not imply a warranty that it will achieve the desired result but only that he will use reasonable skill and care, the surgeon does not guarantee that he will cure the patient but when a dentist fits new teeth there’s an implied warranty they will fit his gums
What is the surgeon and dentist saying from?
Greaves & Co ltd v Baynham Meikle & partners CA 1975
