WHAT ARE YOU IMPLYING?

摘要

It goes without saying that certainty is key to the success of every construction project. While such certainty has generally been achieved through detailed contracts and specifications, the courts appear to be increasingly willing to find that even lengthy, comprehensively-drafted commercial contracts contain implied terms over and above their express terms. There are various categories of implied terms. Some implied terms are clear (those implied by the Construction Act and other legislation) and others are relatively well settled (an employer's implied obligation not to hinder a contractor).