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

Visit us at mayerbrown.com

Mayer Brown is a global legal services provider comprising legal practices that are separate entities (the "Mayer Brown Practices"). The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe - Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC 303359); Mayer Brown, a SELAS established in France; Mayer Brown JSM, a Hong Kong partnership and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. "Mayer Brown" and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.

© Copyright 2021. The Mayer Brown Practices. All rights reserved.

This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.