Commentary

96 Injury or damage due to negligence

BUILDING AND ENGINEERING vol 5
| Commentary

96 Injury or damage due to negligence

| Commentary

96 Injury or damage due to negligence

A duty of care to see that construction works do not cause personal injury or damage to other property is owed by all who are engaged in such works. This includes the employer1, contractors2 and sub-contractors, designers3 and contract administrators4. The duty is based on normal principles of the tort of negligence and may be owed both to third parties5 and, concurrently, to the other party or parties to the contract6. The relationship between (a) the builder of a building and (b) the immediate client is, however, primarily governed by the contract between

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