Fitness for Purpose Obligations in consultant appointments
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“Fitness for purpose” obligations are often included in building contracts but, in the case of consultants, historically this type of obligation has been unusual, as the normal obligation within the UK, both within standard terms, and implied by statute, has been to use ‘reasonable skill and care’.
However, the position is changing, and it is increasingly important that consultants should be aware of the differences between these two types of obligation and understand their implications.
