PC3.5 - Terms within construction contracts implied by statute

Terms whereby their meaning or definition are derived from elsewhere

Items that are specifically stated, put into writing and agreed upon between the parties

By Common Law

By Custom

Through Consideration

By Previous Dealings

Implies into a contract the opportunity for the creation of third parties to be privy to the contract

Implies into a contract a right for third parties to enforce terms in the event a collateral warranty is present

Implies into a contract a right for a third party to enforce a contractual term provided that the contract expressly provides for it

Implies into a contract for a third party to act as a guarantor for any loss or damages

Implies that service providers must state the level of care they are to provide before engaging in any services

Implies that service providers carry out work with reasonable skill and care and within a reasonable time

Implies that service providers carry out work fit for purpose

Implies that service providers must be inspected for damages before being installed

Implies the right to apply for grants on residential projects that have been abandoned for longer than 5 years

Implies the right for the creation of affordable housing by all local planning authorities

Implies the right to interim payments on a contract that has a duration longer than 30 days

Implies the right to adjudication unless otherwise stated in the contract