Let the specifier beware

Article Abstract:

The law relating to construction materials manufacturers' liability for catalogues produced by materials suppliers is complicated. There are several stages in the supply chain, with the designer specifying a product which is bought by the contractor or subcontractor from a supplier that itself buys the product from the manufacturer. The designer is usually responsible for specifying with reasonable skill and care. The contractor is responsible for the merchantable quality of the product, but is able to seek redress from the supplier or the manufacturer. The issue of reliance is paramount when establishing responsibility for unsatisfactory goods.

Building materials industry

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Defective works and the act

Article Abstract:

It is important to consider the likely impact of the UK Construction Act on the legality of deductions from payments for defective works. This legislation contains a provision obliging the employer to give notice of an intention to withhold part of an interim payment. However, it does not seem likely that this will affect the right of the employer to withhold payment for defective works. The right to refer disputes to adjudication may have a significant influence on financial issues, but its influence on physical remedies on site will be less noticeable.

Construction industry

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The employer's interest

Article Abstract:

The Housing Grants, Construction and Regeneration Bill of the United Kingdom is supposed to prevent unfair terms from appearing on contracts and sub-contracts and in doing so protect the employee. The employer's position, however, is often not as well protected as the employee. Legal advise often has to be sought by an employer who wishes to protect the company, although in some cases the provision of standard forms would make this process necessary.

Contracts, Employers, Workers

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