Negligence in construction


Published by a UUÂãÁÄÖ±²¥ Construction expert
Practice notes

Negligence in construction


Published by a UUÂãÁÄÖ±²¥ Construction expert

Practice notes
imgtext

While tort claims are not as common in construction projects as breach of contract claims, they do still arise and it is not uncommon for a claimant to advance a claim in tort alongside, or in the alternative to, a claim in contract.

The most relevant tort in construction is the tort of negligence—this includes ‘professional negligence’ where the negligent act has been committed by a person or company holding itself out to be a professional.

This Practice Note considers some of the key issues concerning negligence in the context of construction projects, including liability for personal injury and damage to other property (including the complex structure theory), liability for pure economic loss (including whether there has been an assumption of responsibility), co-existing duties in contract and tort, liability for independent contractors, contributory negligence and the ability to limit or exclude liability for negligence.

For an overview of the various torts, see: Tort and negligence claims—overview.

The elements of a claim in negligence

Four elements must be established for a claim in negligence to succeed:

  1. •

    a duty of care

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Negligence definition
What does Negligence mean?

Negligence is 'the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate human affairs, would do, or doing something which a prudent and reasonable man would not do' (Blythe v Birmingham Waterworks (1856) 11 Exch 781, at p 784). It is accepted that the test for breach of duty is objective, in the sense that the individual character and mental and physical features of the particular defendant are usually irrelevant.

Read more readmore

Popular documents

Duty to warn

Duty to warnThis Practice Note examines the extent to which contractors, sub-contractors and consultants have a duty to warn their employer of inadequacies that they discover in designs that have been produced, or works that have been carried out, by others.If a contractor or a sub-contractor

Implied terms in construction contracts

Implied terms in construction contractsThe implication of terms into a contract is a large and complicated area of law. Sometimes, a particular term will be implied automatically into all contracts of a specific type, either by statute or by common law. In other cases, implied terms are a way of

How can a party recover for damage caused to its property by construction works undertaken on a

How can a party recover for damage caused to its property by construction works undertaken on a neighbouring property by a subcontractor, and should the claim be brought against the neighbour, the main contractor or the subcontractor?Liability in tort may arise in a number of different ways in

A sub-contractor carrying out piling works damaged underground utilities at the site. The main contractor

A sub-contractor carrying out piling works damaged underground utilities at the site. The main contractor thought it had located the utilities before starting the works, but had not. The employer commenced proceedings against the contractor, but has since learned of the sub-contractor’s involvement.