Closing remarks

"Ignorance of the law is no defence."

This statement, when assessed against the myriad of laws, regulations, directives and standards to which consultants are subject, ceases to become a cliché and takes on the status of a statement of fact.

One might be forgiven for thinking it enough for consultants to be subject to the full force of the tort of negligence; the rigorous and comprehensive health and safety regime and the many other areas of law in the UK which are not subject to contractual agreement. However, this considerable body of law is just the beginning and, as you will have read, these pages lay testament to the fact that consultants themselves create - often unwittingly - their own legal minefields by virtue of the contracts that they “freely” enter into.

By definition, these examples are not and can never be an exhaustive coverage of this potentially critical topic.  For that reason, Griffiths & Armour does offer clients a contractual review service as an integral part of our insurance and risk management proposition

Whether it is the unread clause tucked away on page 103 of a dry and elliptical professional services contract, or the contractual problems created by an inadequately thought out novation, consultants all too often assume (or are persuaded to assume) a liability which would otherwise escape them.

More often than not, this contractual agreement sees the unfortunate consultant carrying a risk which they probably did not anticipate and for which they almost certainly did not price. 

The aim behind this publication has been to identify a selection of the areas of contractual liabilities which cause most difficulty and thereby help the professional to identify, understand and mitigate these common contractual problems.  

By definition, these examples are not and can never be an exhaustive coverage of this potentially critical topic.  For that reason, Griffiths & Armour do offer clients a contractual review service as an integral part of our insurance and risk management proposition; those reviews are acknowledged for the informed, yet pragmatic approach adopted, and are intended to assist each consultant’s assessment of the risk presented on projects.

If you have any questions on any aspect of this publication, please liaise contact Griffiths & Armour directly via risk@griffithsandarmour.com

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Introduction
Understanding contractual terms
Indemnity clauses
Strict liabilities
Certification
Net contributions and limits of liability
Novation
Closing remarks

If you would like to contact Antony Oliver about this, or any other story, please email antony.oliver@infrastructure-intelligence.com.