Professional Negligence In The Construction Industry

Dealing with the liability of professionals in the construction industry, this self-contained work on negligence concentrates upon provisions which were introduced by the Housing Grants, Construction and Regeneration Act 1996. The construction industry continues to litigate increasingly and the law of negligence has developed rapidly in recent years. The likelihood of negligence claims arising between parties of a construction project has increased by the current proliferation of building projects. This book should be of value in assisting the professional in the construction industry to avoid and handle claims.

What is professional negligence? What are the obligations of construction professionals in contract and in tort? In what circumstances might the difference between the obligations be important? These questions are of crucial importance not only to construction lawyers but also to contractors, architects, quantity surveyors, engineers, project managers, and multi disciplinary practices. With the emphasis on the practical aspects of professional negligence in the construction industry and written in a straightforward yet authoritative way, this book is ideal for lawyers and students of construction and law as well as construction professionals at all levels.

What is professional negligence? What are the obligations of construction professionals in contract and in tort? In what circumstances might the difference between the obligations be important? These questions are of crucial importance not only to construction lawyers but also to contractors, architects, quantity surveyors, engineers, project managers, and multi-disciplinary practitioners. With an emphasis on the practical aspects of professional negligence in the construction industry and written in a straightforward yet authoritative way, this book is ideal for lawyers and students of construction and law as well as construction professionals at all levels.

An important and practical guide for the construction industry professional, this book enables the reader to appreciate the nature and seriousness of wide ranging liability in the construction industry. The question-and-answer format makes it simple, direct and easy to use.

Liability for the design of a building or structure is of fundamental concern to construction professionals, design-build contractors, specialist sub-contractors, and lawyers. Although other texts cover a wide range of aspects of liability, only Cornes and Lupton’s Design Liability in Construction draws together all those matters that relate specifically to design. A number of factors have come together recently and are addressed in this significant update and rewrite of the 4th edition, including: popularity of design & build procurement partnering arrangements and early contractor involvement new standard forms of construction contract and appointment, and revisions to older forms technical innovations in construction collaborative working and BIM systems many well-publicised cases regarding design failures significant developments in the law of tort and professional liability the development of the single European market and increased provision of services overseas Together these factors create a new range of design liability issues which the construction professional has to face. Written for lawyers, architects, engineers, and contractors, the fifth edition of Design Liability in Construction will also serve as a useful text for masters level courses in engineering, surveying and construction law.

Although many designers in the construction industry now feel less concerned about liability for negligence, because of changes in the law of tort over the last few years, it is clear from recent House of Lords' cases (Linden Gardens and St Martin's) that their liability in contract may now extend to loss suffered by subsequent property owners. The increasing use of collateral warranties has also extended a designer's liability. This book, which has been completely rewritten for the Fourth Edition, provides an authoritative and detailed guide to the law on design liability. The new edition includes a summary of the law of tort as it has developed, an extended section on collateral warranties, a chapter on design and build, which considers a wide range of contracts and looks at how the design and build contractor's position differs from that of the professional designer, and a new section on alternative dispute resolution. A substantial number of additional cases have been added, including a number from outside England and Wales. As in previous editions, the book considers the problems not only of design liability as such, but also the dangers attached to negligent supervision and certification, and it includes practical guidance on professional indemnity insurance. David Cornes' book continues to be the source of reference for all architects, engineers and contractors concerned with the subject of design liability, as well as for employers and the legal profession.