Chapter 24 What is fitness for purpose?
‘Fitness for purpose’ is a phrase used to describe the concept that goods or services must be capable of being used for the intended purpose for which they were purchased. In a construction context, the phrase is usually used when a contractor promises that its works are capable of being used in a way that the principal intends for them to be used.
In a construction context, a promise that something will be fit for a particular purpose or use may arise in three ways:
- by an express term in the contract;
- by implication of the common law; and
- by implication of statute.
This chapter examines how fitness for purpose requirements arise and the consequences of the requirement.