6 July 2011

The Construction Industry Council has raised concerns over Eurocodes, (adopted in 2010 to replace British structural design and civil design standards) namely, whether the structural Eurocodes could impose a warranty for fitness for purpose, and potential clashes with British Standards.

If a consultant accepts a contractual obligation to comply with relevant Eurocodes it is thought that he will have accepted an obligation equivalent to a warranty for fitness for purpose. It is therefore important that either no such obligation is accepted or that the consultant agrees to 'use reasonable skill and care in complying with [relevant Eurocode]'.

Working to British Standards will become a problem as these are to be withdrawn and the BSI will no longer update them. By 2013 all British Standards will be outside the five year revision cycle. Finally, it is not intended at present that the Eurocodes will be maintained. Building Regulations will not be amended to take account of Eurocodes until 2013 at the earliest.

Until 2013 therefore it would be prudent for the client and the construction team to clarify from the outset which standards are to apply.