Michael Black QC
March 2005
A paper based on a talk given to a meeting of the King's College London Construction Law Association in London on 11th November 2004
This paper examines the legal and commercial considerations affecting the quality of design in the context of the identification, allocation and management of risk, in particular focusing on the FIDIC ed, Yellow and Silver Books. The author considers the contract terms themselves in relation to fitness for purpose and site conditions, and considers the common law position in relation to responsibility for design - whether fitness for purpose or reasonable skill and care. He contrasts the standard of care in a number of other jurisdictions. Go goes on to discuss the distinction between fitness and skill and care obligations, and the rationale for FIDIC's position and criticism of it. He also reviews 'best practice' in the UK (Treasury and OGC guidance).
Introduction - Design risk - The contract terms - The legal context - Discussion - Conclusions.
The author: Michael Black QC is a practising barrister, arbitrator and Visiting Professor of Construction and Engineering Law at the School of Mechanical, Aerospace and Civil Engineering, University of Manchester.
Text: 15 pages
PDF file size: 87k