With regard to design and construction projects (subject to explicit contractual conditions), it is implied that the building is useful. This obligation exists, provided that the owner relies on the contractor`s planning decisions, for example.B. there is no confidence if the owner insists on a certain construction that will fail later. The Defective Premises Act 1972 provides that a contractor who builds a residential apartment or rebuilds or expands an existing apartment is required to ensure that construction work is underway “… is carried out in a professional or, if necessary, professional manner, with appropriate materials, so that with regard to work, housing will be suitable for habitation when completed` They are relatively new in English law, but it is a clear principle that can be applied to construction contracts, so that they can be considered relational contracts if certain factors exist. However, companies participating in a relationship contract need to understand that this tacit duty in good faith does not just mean requiring honesty. This means that a duty of good faith will be introduced into the treaty, with the result that the parties must avoid behaviours that would be considered economically unacceptable (in the context) by reasonable and honest people. In the absence of a contract, the contractor`s responsibility for construction may arise from an obligation of association in fact unlawful. This occurs when a properly competent contractor should have realized that a design or element of the design is likely to be wrong. However, with respect to your new treaties, there is much more clarity, since the Court of Justice has made it clear that if the explicit language excludes the tacit duty of good faith, that will be the end of the case. Therefore, when negotiating new contracts, the explicit exclusion of the duty of good faith in the treaty should be considered. Whether this is commercially acceptable, of course, depends on the facts and circumstances of the treaty concerned.
If your company has a long-standing construction relationship, it may be helpful to check these contracts to determine if they could be legally treated as a relationship contract, thereby imposing additional tariffs on the parties. Murphy/Brentwood District Council highlighted the lack of diligence on subsequent purchasers with respect to latent defects, as this is a purely economic loss. As a result, safeguards have been established that established a contractual duty of care for a third party who is not a party to the original contract. A typical example would be the fact that an architect adopts a duty of care with respect to the occupant of an evolution with respect to the defects encountered. A duty of care may be limited (subject to the 1997 Abusive Contract Conditions Act) or extended by agreement, and contractual rights (but no obligations) may be transferred to other parties, unless the contract expressly prohibits it.