Sweett (UK) Ltd v Michael Wight Homes Ltd [2012] EW Misc 3 (CC)

The QS was obliged by its appointment to “prepare contract documentation and arrange for such documents to be executed by the parties thereto”. The contractor became insolvent before providing the performance bond in favour of the employer.

The court rejected the employer’s argument that the QS was under an absolute obligation to procure the bond from the contractor. The QS was subject to the implied test of reasonable skill and care and had satisfied its duty in these circumstances (as he had chased the contractor for this and advised the employer of the importance of the bond). If you wish to imply an absolute obligation on another party to procure something, very clear wording should be used.