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Sweett (UK) Ltd v Michael Wight Homes Ltd [2012] EW Misc 3
(CC)
The QS was obliged by its appointment to "prepare contract
documentation and arrange for such documents to be executed by the
parties thereto". The contractor became insolvent before
providing the performance bond in favour of the employer.
The court rejected the employer's argument that the QS was
under an absolute obligation to procure the bond from the
contractor. The QS was subject to the implied test of reasonable
skill and care and had satisfied its duty in these circumstances
(as he had chased the contractor for this and advised the employer
of the importance of the bond). If you wish to imply an absolute
obligation on another party to procure something, very clear
wording should be used.
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