Standard of care in construction contracts


Published by a ³ÉÈËÓ°Òô Construction expert
Practice notes

Standard of care in construction contracts


Published by a ³ÉÈËÓ°Òô Construction expert

Practice notes
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This Practice Note considers the obligation for contractors and Consultants providing services under construction contracts to exercise Reasonable skill and care. It looks at the implied term under section 13 of the Supply of goods and Services Act 1982 (SGSA 1982) and express contractual requirements to exercise either ‘reasonable skill and care’ or ‘all reasonable skill and care’. It also considers what effect the word ‘diligence’ has if added to the standard of care, when the consultants or contractors have a strict liability obligation and issues around fitness for purpose. It contains links to other relevant content on standards to be met by contractors and consultants, including design obligations specifically, and fitness for purpose obligations.

Supply of Goods and Services Act 1982

SGSA 1982, s 13 provides that in a relevant contract for the supply of a service, where the supplier is acting in the course of a business, there is an implied term that the supplier will carry out the service with reasonable care and skill (see also the Consumer Rights Act 2015 where the consultant’s

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United Kingdom
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Key definition:
Reasonable skill and care definition
What does Reasonable skill and care mean?

The Supply of Goods and Services Act 1982, s 13 imposes an implied term into contracts for the supply of services that the services will be performed with reasonable skill and care. This is a negligence test; the services do not have to be perfect.

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