Tort for construction lawyers

Tort for construction lawyers guidance:

This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a...

Practice Note

Having established the existence of a ‘professional’ who may owe duties to their client, it is then necessary to consider the bases on which such duties may be founded....

Practice Note

This Practice Note considers causation and remoteness in professional negligence claims, encompassing the ‘but for’ test (considered in Kuwait Airways v Iraqi Airways),...

Practice Note

This Practice Note serves as a quick reference guide for practitioners comparing the law of damages as it applies to claims in tort and in contract. For the basic...

Practice Note

This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims. For general guidance on damages, see Practice Note:...

Practice Note

Defending a tort claim—general considerations In reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a duty, or there was...

Practice Note

This 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...

Practice Note

Contract Where a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be: • joint •...

Practice Note

Remaining liable for acts and omissions of contractors Commercial entities often delegate obligations or services that they owe to third parties to contractors. Although...

Practice Note

This Practice Note considers the test for an employer’s vicarious liability in tort, which arises from certain legal relationships and in relation to certain acts. It...

Practice Note

This Practice Note sets out when and how parties can seek to limit or exclude liability for misrepresentations by reference to section 3 of the Misrepresentation Act 1967...

Practice Note

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...

Practice Note

Negligence—what are the key ingredients to establish a claim in negligence? For liability in negligence to be founded, four key ingredients must be present: • duty of...

Practice Note

This Practice Note considers one of the first questions to ask when faced with a prospective claim in negligence—whether or not a duty of care exists between the claimant...

Practice Note

Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has...

Practice Note

Nuisance claims are recognised in the following way: • private nuisance—interference with the use/enjoyment of land causing injury • public nuisance—an unlawful...

Practice Note

This Practice Note looks at some of the key considerations that may need to be taken into account when a party to a construction contract is formulating the quantum...

Practice Note

This Practice Note sets out some of the key and/or recent cases that deal with heads of losses which are commonly claimed in construction disputes, such as in defects...

Practice Note

This Practice Note considers the standard of care in professional negligence claims, originally formulated in Bolam v Friern Hospital as being that of reasonable skill...

Practice Note

In most torts, where a defendant breaches its duty towards the claimant, it is only liable if the claimant can establish that the breach in question has resulted in some...

Practice Note

In most torts, where a defendant breaches their duty towards the claimant, they are only liable if the claimant can establish that the breach in question has resulted in...

Practice Note

This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics....

Practice Note