How does a fitness-for-purpose obligation differ from a duty to exercise reasonable skill and care?PremiumA design can fail without anyone being careless. Whether the designer or contractor is liable turns on which duty it owes: reasonable skill and care, or the stricter obligation to produce...

Where a contractor drawing is approved and an error is later found, who bears the cost, and can the employer recover from the architect or engineer?PremiumApproval of a contractor drawing does not settle who pays for an error in it. Whether the designer, the checker or the employer bears the cost turns on what the approval meant and on the...

Who is responsible for co-ordinating design, and can a main contractor be given that responsibility?FreeCoordinating the design so its parts fit together is a duty in itself. Whether it rests with the architect or engineer or can be placed on a main contractor turns on the words of the...

Can a contractor be liable for defective design information where the employer has appointed an architect and the contract gives the contractor no design responsibility?PremiumA contract that leaves design with the appointed architect does not put the contractor beyond reach for a design fault. The duty every builder owes to work with reasonable skill and care...

When can a main contractor incur responsibility where a nominated or named subcontractor design is defective?PremiumSpecialist design is often done by a nominated or named subcontractor the main contractor never controls. Whether the main contractor answers for a defect in that design turns on the words...

Must a contractor notify the architect or engineer of defects in the design?PremiumA contractor that suspects the design is wrong faces a choice: warn, or build on. The law increasingly requires it to warn, especially where the defect is dangerous.

Where an architect or engineer specifies a new product on a manufacturer advice and it proves unsuitable, is the designer liable?FreeSpecifying a novel product a manufacturer recommends can leave the designer exposed if it fails. Whether the architect or engineer is liable turns on whether it warned the client and...

How long can an architect or engineer take to approve a contractor drawing before an extension of time arises?PremiumSlow approval of drawings can delay a project and shift the risk of that delay. Whether the contractor gets an extension of time, or time is set at large, turns on the approval timescale...

Where is the line between the designer duty to design and the contractor's duty to produce shop or working drawings?PremiumThe designer sets the design and the contractor draws it up for manufacture and fixing. A defect can sit on the line between them, and where that line falls decides who is liable.

Where an item is in the Employer's Requirements but missing from the Contractor's Proposals, can the contractor's claim extra payment?FreeA design-and-build contract runs on the Employer's Requirements and the Contractor's Proposals, and the two do not always match. Whether a contractor can charge extra for an item...

Is a contractor becomes entitled to payment when design services is complete, or should design costs be spread across the work?PremiumA design-and-build contractor is paid for design as well as construction. Whether the design is paid in full on completion or spread across the works turns on the payment mechanism in the...

Where an architect is novated to the contractor, can the contractor recover its own losses from the architect for pre-contract design errors?PremiumNovating the architect to the contractor is meant to transfer the design risk and the right to recover for it. A Scottish decision showed that a simple transfer can leave the contractor...