Common Law Rights and Remedies, March 2012


The general rules governing the implication of terms by the courts, which apply to general contracts, also apply in the same way to construction contracts. A number of implied terms specific to construction contracts also exist, many of which relate to design and quality and are closely aligned with the law of sale of goods. Much of the relevant case law on implied terms comes from England, however it remains applicable to Irish law. However, it is important to bear in mind that the existence or otherwise of specific implied terms within a particular contract will be judged on a case by case basis.

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