Region: London,South East,South West

Date: Wednesday, Jul 4, 2018
Time: 12:30 PM - 1:30 PM
Via Webinar

This webinar is hosted by Beale & Company and will look at:

Historically, the market approach within the construction industry has been to include in professional appointments a contractual obligation relating to a duty of care often equivalent to the common law duty to exercise “reasonable skill and care”.

In more recent times, new suites of standard form agreements, and certainly typical bespoke agreements, are moving away from this approach and adopting an “elevated” duty of care. Bespoke agreements are increasingly introducing fitness for purpose obligations with the obvious consequences for professional indemnity cover. This raises the question: Consultants - Is your duty of care under attack?

In this webinar we will:

  • Provide a refresher on the standard of care imposed on professionals under common law;
  • Discuss the potential implications of drafting which enhances a consultant’s standard of care; this may include policy coverage not responding;
  • Debate the implications of absolute or strict obligations as well as performance based/fitness for purpose obligations and explain why they should be avoided;
  • Examine the duty of care obligations in standard form contracts and highlight the changing approach to such appointments, with particular reference to the new suite of standard form appointments such as the FIDIC Consultants Model Services Agreement 3 Edition 2017 (White Book), the ACE Professional Services Agreement 2017 and the IChemE’s Professional Services Contract 2017 (Silver Book), which adopt “enhanced” standard of care drafting;
  • Assess the approach to duty of care obligations seen typically in client bespoke agreements and set out the risks and mitigation steps in view of these;
  • Highlight the lessons learned from recent case law, including the case of MT Hojgaard a/s v E.ON Renewables UK Robin Rigg East Ltd [2015], which provides a timely reminder on the perils of imprecise drafting; and
  • Identify practical tips to avoid the inherent risks with an enhanced duty of care.

CIHT SE Webinar Flyer - Is Your Duty of Care Under Attack?

To register for this webinar, click here.

Return to event listing

Upcoming Events

Future Transport Technologies - A CIHT Conference

21 November 2018

"Making our cities smarter today for the demands of tomorrow"   CIHT North East & Cumbria is proud to announce a one-day conference and exhibition that will see cutting e...

NE&C Dinner & Awards 2018

18 October 2018

Date:    Thursday 18th October 2018 Time:   Reception from 5.30pm Venue: Crowne Plaza Hotel, Forth St., Newcastle upon Tyne, NE1 3SA   Save t...

Future Ready - Managing our Network Resilience - Newcastle

19 July 2018

Date:   Thursday 19th July Time:   0830-1100 Venue: Swan Parsons Committee Room, Newcastle Civic Centre, NE1 8QH Cost:    Free, but registration ...

East of England Webinar – BIM Protocol (Second Edition)

1 - 28 February 2019

Date: February 2019 Time: 12:30 - 13:30 Location: Via Webinar Speaker: Beale & Company Further information to follow. ...