News & Analysis as of

Fitness for Particular Purpose

Construction Contracts: When Is Industry Best Practice Not Good Enough?

by Jones Day on

The Situation: A recent ruling in MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited by the UK Supreme Court gives guidance on construction contracts where the contractor undertakes both to deliver a...more

UK Supreme Court upholds fitness for purpose warranty

by White & Case LLP on

Earlier this month the UK Supreme Court in MT Højgaard AS v E.ON Climate and Renewables UK Robin Rigg East Ltd [2017] UKSC 59 held that a contractor had warranted a twenty year service life, via a fitness for purpose...more

Important guidance on a supplier’s “fitness for purpose” obligation

by Dentons on

The 2016 TCC decision in Fluor Ltd v. Shanghai Zhenhua Heavy Industries Ltd [2016] EWHC 2062 (TCC) provides useful guidance on how a supplier’s “fitness for purpose” obligation will be interpreted....more

Contractor not liable following tunnel collapse

by White & Case LLP on

A recent Scottish case absolved a contractor from liability for the collapse of a tunnel as part of a hydroelectric scheme. This was because the contractor exercised reasonable skill and care, and did not guarantee the...more

Fitness for purpose or reasonable skill and care, which is it to be?

by Reed Smith on

Introduction - The Court of Appeal recently considered the interpretation of conflicting fitness for purpose and reasonable skill and care provisions in a contract for a large engineering and construction project....more

Interview with Tanya Otterstein-Liehs-the Process of Fitness

by Thomas Fox on

I grew up in Kitchener, Ontario, Canada and now reside in Waterloo, Ont. Canada. I went to Conestoga College in Kitchener to study and pursue a career in Early Childhood Education. However I came to a point in my life where I...more

Implied Warranties: Part One (Goods)

by Gray Reed & McGraw on

Texas law imposes certain implied warranties on the sale of goods, regardless of whether the warranties are mentioned in the contract. In particular, Texas law creates the warranty of “merchantability” and the warranty that...more

Product Liability Update -- October 1, 2013

by Foley Hoag LLP on

In This Issue: ..Massachusetts Supreme Judicial Court (Finally) Enforces Agreement for Individualized Arbitration of Unfair and Deceptive Practices Claims Following United States Supreme Court Decision Reversing...more

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