swazimatt
Civil/Environmental
- Aug 19, 2009
- 242
We have a standard engagement contract (for consultants) that has the following clause:
In providing the Services, the Consultant must use the degree of skill, care and diligence reasonably expected of a
professional consultant providing services similar to the Services.
and one of our clients wants to change it to the following:
In providing the Services, the Services will be performed: with all reasonable
care, skill and diligence; using techniques of a high quality and standard and in accordance with best
industry practices
I have argued against the replacement as it seems too open ended/vague and have been accused of being too cautious etc. I have explained that I subscribe to and always strive to meet the proposed clause, but cannot put our insurance against it.
Curious to hear others thoughts on this.
To achieve a middle ground i have asked them to provide some definitions to go with the clause, but nothing yet
In providing the Services, the Consultant must use the degree of skill, care and diligence reasonably expected of a
professional consultant providing services similar to the Services.
and one of our clients wants to change it to the following:
In providing the Services, the Services will be performed: with all reasonable
care, skill and diligence; using techniques of a high quality and standard and in accordance with best
industry practices
I have argued against the replacement as it seems too open ended/vague and have been accused of being too cautious etc. I have explained that I subscribe to and always strive to meet the proposed clause, but cannot put our insurance against it.
Curious to hear others thoughts on this.
To achieve a middle ground i have asked them to provide some definitions to go with the clause, but nothing yet