Although all contracts for works and materials carry an implied term that the goods will be fit for their purpose, if there is no express term to that effect, there is an exemption from liability where the employer does not rely or it is unreasonable to rely on the skill and judgment of the contractor.
As a broad generalisation, where the contract is a traditional (with architect) form of contract the builder will have the defence of exact compliance with the specification where he has faithfully followed the specification and drawings. It may also be clear that the employer, rather than relying on the builder, relied on the specialist consultant engineer – e.g. an acoustic specialist. This may prevent or reduce an employer’s claim against the contractor.
