Contractors and consultants are required to exercise a degree of care in the performance of their works and services. This might be an express contractual duty or, in the absence of such express provision, an implied duty. There are generally two standards of care: a duty to use reasonable skill and care, and a fitness for purpose obligation.

Reasonable skill and care

Professional designers are under a duty to act with reasonable skill and care. This duty arises by virtue of section 13 of the Supply of Goods and Services Act 1982, unless there is an express provision to the contrary in their terms of engagement. As a consultant is a professional person, the common law of negligence dictates they must use the level of skill and care to be expected of a reasonably competent member of the same profession, not just that expected of the average person.

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