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Building Law Monthly

Contractual duty to arrange for the carrying out of works

In Cometson v Merthyr Tydfil County Borough Council [2012] EWHC 3446 (Ch), [2012] All ER (D) 06 (Dec) Mr Justice Morgan held that the defendant council had assumed a contractual obligation to arrange for the carrying out of works to the claimants’ property but that they had not assumed a contractual responsibility for the quality and progress of these works. The obligations thus assumed by the council amounted to a service for the purposes of the Supply of Goods and Services Act 1982 so that they were obliged to carry out these services with reasonable skill and care and within a reasonable time.

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