http://kluwerconstructionblog.com/2009/11/25/how-fit-is-your-contract/ Just another Kluwer Blog Mon, 14 Mar 2011 13:57:32 +0000 hourly 1 http://wordpress.org/?v=3.2.1 http://kluwerconstructionblog.com/2009/11/25/how-fit-is-your-contract/comment-page-1/#comment-7433 A M Roberts Fri, 23 Jul 2010 08:34:59 +0000 http://construction.kluwerarbitrationblog.com/?p=110#comment-7433 I think you possibly under value the obligation placed on designers by the simple words "reasonable skill and care to be expected from a competent professional..." which is found in the vast majority of professional appointments. This is a very high duty placed on professionals. The distinction between this duty and the duty to render a design fit for purpose is arguably limited to whether or not the matter leading to the defective design was foreseeable. If this distinction is correct it is obvious why professionals and the insurance industry will not accept fitness for purpose obligations. I think you possibly under value the obligation placed on designers by the simple words “reasonable skill and care to be expected from a competent professional…” which is found in the vast majority of professional appointments. This is a very high duty placed on professionals. The distinction between this duty and the duty to render a design fit for purpose is arguably limited to whether or not the matter leading to the defective design was foreseeable. If this distinction is correct it is obvious why professionals and the insurance industry will not accept fitness for purpose obligations.

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