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Reasonable Skill and Care in Construction – What Are My Rights?

Last updated Sep 13 2024 | Construction Law

by Rory Lindsay

by Rory Lindsay

Solicitor

In this article
Fitness for purpose vs reasonable skill and care

It’s important to distinguish “reasonable skill and care” from “fitness for purpose.” The latter implies the finished work must be suitable for its intended use and can often focus on the wording/requirements agreed under the contract.

Reasonable skill and care is more about the contractor’s workmanship meeting the technical standards of their trade. It can be argued much more broadly than just looking at the contract wording.

What can I do if my trader doesn’t act with reasonable skill and care?

If you suspect your trader has fallen short of the reasonable skill and care standards, take these steps:

  1. Check the written contract if you have one.
  2. Check their credentials and trade body memberships to understand the specific standards they should uphold in their profession. For example, an architect may comply with the Architects Registration Board, and a surveyor may comply with The Chartered Institute of Building Surveyors.
  3. Gather evidence of their defective or unacceptable work through photos, inspection reports, communications with planning if applicable, correspondence etc.
  4. Get an independent expert assessment of the work quality from someone qualified in that trade – RICS is a good place to start looking for an appropriate professional.
  5. Notify the contractor of the issue in writing and give them a chance to rectify it first.
  6. If they refuse or can’t properly remedy it, explore your options for compensation or dispute resolution by speaking to a construction solicitor.

If you are pursuing legal action, you as the claimant must prove a breach of contract. Therefore, you need to satisfy the court that your contractor has fallen below their profession’s reasonable standards. In some cases, it is obvious. But court judges aren’t construction experts, so strong evidence and assistance from industry experts are crucial for a claim.

You can consult with a solicitor at any stage for clarification and legal support.

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Like it, share it.

If you found the contents of this blog useful, please feel free to share it on social media. Sharing our article helps others in need find the same information.