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How the implied Duty To Warn can assist

The problem
Have you ever been hit by unforeseen cost increases to your contracts?

Did you feel your supplier really should have known about these costs and warned you about them in advance?

Have you gone on to pay these costs?

The solution

It may well be that these costs should not sit with you at all.

For some time the Law has implied various duties into contracts. One such is the Duty to Warn.  When someone represents themselves as a specialist or expert, they have a duty to warn you about things which could impact your contract (such as cost increases) rather than keep silent.

This is a fantastic duty to know about in these days of cost cutting and securing the best deals out of your existing contracts.

And it’s just got better for the buyer. A recent English decision has confirmed that this Duty to Warn does not stop when a contract is signed. It continues throughout the life of the contract.

What this means for you

If used effectively, this duty can have massive positive effect when
•    going into any new contract
•    managing your contracts
•    re-negotiating your contracts

BPG specialises in advising its clients on the lesser known duties implied into contracts.  We regularly save our clients millions. We would like to do the same for you. Please call us to find out more.


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