363. Negligence.

Ordinary principles of negligence apply where a person is injured or property damaged as a result of construction works1. The contractor owes a duty of care to provide a safe means of access to the site2. He also owes a duty to all lawful users of the property to carry out the work with proper care3. This duty is owed even where the contractor is also the vendor or lessor4 and is not abated by the subsequent disposal of the property5.

Generally there will be no liability for economic loss unless there is a special relationship of reliance or assumption