Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Workmanship definition

What does Workmanship mean? In legal practice, workmanship describes the quality and manner in which construction, installation or repair works are executed by the contractor or tradesperson. It concerns how the works are carried out (execution), rather than design, and is often expressed as an obligation to perform in a good and workmanlike manner and in accordance with good industry practice. Workmanship is a descriptive term, not a defined statutory concept. Its legal content is supplied by contract (specifications, drawings, standards) and by implied obligations recognised in legislation and case law. In England & Wales and Scotland, services must generally be performed with reasonable care...

Residential construction defects: homeowners’ remedies under implied contractual terms, tort (including economic loss limits), complex structures, and statutory liabilities under the Defective Premises Act, Building Act and Building Safety Act

Published by a LexisNexis Construction expert

Practice notes

Common law—implied terms

Reasonable care and skill

Where a purchaser obtains a house from a builder either:

during the course of its construction, or
under a contract to build it,

the common law implies a term that the builder will perform in a proper, workmanlike manner. It is also implied that the builder will provide sound and suitable materials.

Fit for human habitation

Common law further implies a term that the property will be reasonably fit for human habitation. Liability covers defective design as well as poor materials or Workmanship. The Court of Appeal decided the term applied where a buyer purchased from a builder a house completed save for decorations, certain fittings, and plastering in one room.

Subject to the Unfair Contract Terms Act 1977 (UCTA 1977), which permits exclusion only where reasonable, express terms may displace the implied terms. They are not, however, displaced merely because the house is built to agreed Plans, specifications and specified materials.

Tort

A duty to exercise reasonable care and skill also arises in tort. The limitation period is more generous than for...

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Web page updated on 21/05/2026

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