Categories ArchivesContract Law

Fitness For Purpose vs Reasonable Skill & Care…Part 2 standard

As promised this is the follow up to my previous article on the issue of having two apparently competing obligations in one contract. In this second article I discuss the case of Mw High Tech Projects UK Ltd v Haase Environmental Consulting GmbH [2015] EWHC 152 (TCC) – (Contractor vs Consultant). The Background to the case… In 2010 West Sussex County Council engaged Biffa Waste to design, build and operate a recycling facility at a site in West Sussex. Biffa in turn contracted the design and construction of the waste treatment plant at the site to the Contractor (MW) under an EPC contract for just shy of £100million. Before entering the EPC contract the Contractor appointed the Consultant (HEC) under a Letter ...

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