Tort for construction lawyers

The general law of contract and the law of tort are central elements of construction law. The principles of tort examined in this subtopic therefore underpin the construction law topics that are covered in Construction and, for construction lawyers, present an additional set of considerations and risks.

A ‘tort’ is a civil wrong that occurs where someone unfairly causes another person to suffer loss or harm.

A person committing a tort is legally liable to the party injured, who is provided with a remedy in law, such as monetary damages or an injunction to compel or prevent certain conduct. An injured party who decides to pursue the matter in court is known as the claimant, and the person alleged to be responsible for the damage is the defendant or tortfeasor.

In the context of a construction project, tortious liability can arise in a number of different ways. This sub-topic examines

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