Professional Negligence in the Construction Industry

Part 1: The concept of professional negligence. Duty of Architect. Contract terms. Standard of conduct: competent practitioner standard. Causation and damage. Part 2: Negligence in the construction industry. Explanation of development of tort of negligence as applied to construction - relationship to contract. Liability of developers and contractors. Part 3: Professional responsibilities and liabilities in the construction process. Site appraisal and conditions. Site appraisal and preparation of plans. Feasibility studies (including entitlement to fees for abortive work). Site selection - duty to advise clients. Relationship and division of duties between architect - consultant engineer and other parties. Part 4: Design. Basic duty of design professionals. Delegation of design duty to sub-consultants and to contractors/sub-contractors. Experimental design and the duty to advise and warn. Specification of materials. Reliance on trade literature. Other contractural arrangements turn key, design and construct and the role of professionals. Role of building authority in approving plans. Part 5: Supervision of construction. Conditions of engagement, express undertaking - general duty. Implementation of design, inspection of principal elements, resting of materials, division of responsibility and relationship between architect and clerk of works. Contract administration and responsibilty for certification. Inspection by building authority. Part 6: Post-construction liability. Effect of certification. Defects liability period and post-completion inspection. Duration of contractors' liability and professionals liability. Recovery in contract and in tort. Successive purchasers and tenants. Liability for economic and other types of loss. Limitation and latent damage.