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Lunchtime Webinar Report: Consultants – Is your duty of care under attack?

Fiona Mckay

On the 3rd of May AIA UK members were invited to attend another of Beale and Company’s popular lunchtime legal webinars. The subject was how the use of new standard owner/consultant contracts place a more onerous duty of care requirement on architects than the traditional “reasonable skill and care” clauses of earlier contract versions. Entitled, “Is Your Duty of Care Under Attack?”, the webinar was presented by Will Buckley and Simi Sivapalan. Attendees received one continuing education learning unit for attending.

Traditional standard forms of contract, such as those provided by the RIBA and ACE make statements such as “exercise reasonable skill and care in conformity with the normal standards of the Architects’ profession” and “exercise reasonable skill, care and diligence in the performance of the Services”. Architects need to be aware that new versions of standard forms of contract from the ACE, FIDIC, NEC4, and the RIBA provide for an elevated duty of care! These contracts have moved beyond the use of “reasonable skill and care” with clauses such as those shown in the slides below.

By Michel Lischer FAIA

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