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What Does “Fit for Purpose” Mean in Construction Law?

January 15, 2021 by bemysocial

Fit for purpose in construction law banner

During the design and construction of a building or property, there is a certain duty of care that falls upon professionals throughout the process. One factor that must be considered between builders and contractors alike is whether the building is ‘fit for purpose’ before being sold to the client. If a building does not meet the requirements, it could leave the client or tenants in danger. Here at Van Eaton, our expert legal team are highly experienced in dealing with construction law in London and the surrounding areas and can assist you in making a claim if you believe your building is uninhabitable.

There are a range of construction disputes that can arise within this field of law, each of which are accompanied by different forms of dispute resolution. Here at Van Eaton solicitors in Streatham, we can assess and build your case to grant you the result you desire as efficiently as possible. There are certain regulations that professionals in construction and engineering must adhere to, and if they are ignored, it can lead to a legal dispute. Are you wondering if you have cause to make a claim? Read our article below to find out more about what ‘fit for purpose’ means.

Definition 

‘Fit for purpose’ falls into the same category as the ‘duty of care’ that professionals involved in construction have to their client. All buildings must be fit for purpose before being lived in. If a warranty is given that a particular building or property is fit for its intended purpose, then the contractor or designer will be held accountable, regardless of why the building did not meet its intended purpose.

If the reason the building is not fit for purpose was out of the construction team’s control, they will still be held accountable for any damages or dangers caused. This, in turn, shows that the designer or contractor has a complete obligation to the client, and takes them beyond the duty to provide reasonable skill and care. If a building is completely unfit for its intended purpose, the accountability falls solely upon them.
When undertaking and completing a construction project, reasonable skill and care must be implemented to ensure the safety of the client. If you believe that your safety is at risk due to the poor construction of the property, our civil litigation solicitors can assess your claim and will provide you with the appropriate legal advice. You can read our previous article on the duty of care in the construction industry here.

In Practical Terms With Construction Law

In construction law, there are a range of materials and procedures that must ensure that the building is ‘fit for purpose.’ Firstly, the goods and materials used in a construction project must be fit for use, unless excluded by the relevant parties. In your contract, it should state that the materials are fit for purpose. Under section 14 of the Sale of Goods Act 1979, there is a term that should be included in your contract that the materials to be used, are fit for sale and purpose. If you are unsure of exactly what your construction contract states, our solicitors at Van Eaton can help you break it down and discover any breaches or abnormalities.

During the construction of a project, contractors and builders must have the appropriate skill and judgement to carry out a job and construct a property that is fit for purpose. The client or employer relies on the contractor to complete a job safely and securely, and a warranty will be implied that the works, when completed, will be fit for purpose. This also applies to designers in respect to the design elements of the construction.

With years of experience dealing with construction law in London and the surrounding areas, our civil litigation solicitors can help resolve disputes efficiently by securing the best outcome possible for your case. 

Making a Claim

If you believe your home to be unfit for purpose or habitation, then you may be eligible to make a claim against the designers or contractors that constructed your property. Examples of instances where a property may be uninhabitable include insufficient ventilation, unsafe building and structural issues, and incomplete construction.

Before seeking legal advice, attempt to strike up a dialogue with the contractors to see if anything can be done to solve your issue. If you struggle to make contact, or they appear confrontational or unwilling to help, our lawyers are here to assist you. Van Eaton solicitors in Streatham have years of experience handling construction law in London and can help you resolve your dispute effectively and promptly. 

If you would like to book a consultation, please give us a call on 0208 769 6739. Alternatively, you can fill out our online form here.

Filed Under: Updates

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