Fitness For Purpose v. Reasonable Skill And Care: How Do English Principles Regarding Standards Of Care Fit In Civil Law Jurisdictions?

• Published date: 22 October 2021
• Subject Matter: Litigation, Mediation & Arbitration, Real Estate and Construction, Construction & Planning, Civil Law
• Law Firm: Mayer Brown
• Author: Mr Marcelo Richter

English law recognises two different standards of care that a construction contract may apply to the obligations of the contractor towards the employer: fitness for purpose, and reasonable skill and care.

The article reviews how these respective obligations are interpreted under English law and asks whether civil law jurisdictions (in particular, in France, Brazil, Germany and Spain) recognise a similar distinction. The article then addresses how these jurisdictions in practice apply fitness for purpose and reasonable skill and care provisions set out in construction contracts.

Fitness for Purpose v. Reasonable Skill and Care: How do English Principles Regarding Standards of Care Fit in Civil Law Jurisdictions? / International Construction Law Review, 2021

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