Jurisdiction(s):
United Kingdom

Key definition

Consultant definition

What does Consultant mean? In construction practice, a consultant is a professional engaged to provide design, technical or advisory services on a project. Typical examples include architects, civil/structural and building services engineers, quantity surveyors, planners and specialists (for example, fire, façade or acoustics). Consultants are usually appointed by the employer or, on design and build projects, by the contractor (often following novation). “Consultant” is a descriptive term rather than one defined by statute or case law. The consultant’s legal obligations arise primarily from the professional appointment and from tort/delict, usually to exercise reasonable skill and care (a fitness for purpose obligation applies only if clearly...

Third Party Rights Memorandum for a Consultant Appointment with Optional Step-in — Consultant-favourable (English law)

Published by a LexisNexis Construction expert

Precedents

1 Consultant warranties and undertakings

The Consultant Warrants that:
1. the Consultant has complied fully with and fulfilled, and will continue, at all times, to comply fully with and fulfil, all the Consultant’s terms and duties under the Appointment, in line with the terms of the Appointment;
2. in relation to the delivery of the Services under the Appointment, the Consultant has exercised, and will continue to exercise, the reasonable skill and care expected of a duly qualified and competent professional consultant with experience of projects matching the Project in scale, scope, nature, complexity and value.
The Consultant’s obligations under this Memorandum are neither greater nor of longer duration than those owed to the Employer under the Appointment, and the Consultant shall be entitled, in any claim, action or proceedings, to invoke any limitation set out in the Appointment and to assert the same or equivalent defences to liability as it could against the Employer under the Appointment, as if the Beneficiary had been named as a joint employer under the Appointment.

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Web page updated on 22/05/2026

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