The following Construction practice note provides comprehensive and up to date legal information covering:
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 designs that have been produced, or works that have been carried out, by others.
If a contractor or a sub-contractor identifies an error in designs that are provided to it, for it to build, by their employer or a consultant, does the contractor/sub-contractor have a duty to draw such flaws to the attention of its employer? If a consultant thinks that a contractor is carrying out (or may carry out) works negligently, should it warn its client? What is its potential liability if it does not?
There is no general ‘duty to warn’ in English law but, in certain circumstances, such a duty can be imposed.
Under some building contracts, the contractor has express design responsibility and therefore is clearly responsible for any flaws or inadequacies in it (see Practice Note: Design liability in construction contracts). In others, where the contractor/sub-contractor does not have liability for the design, there may still be some contractual requirement for it to bring inadequacies, inconsistencies etc in the design to its employer’s attention so that they can be resolved (see, for example, clause 2.15 of the JCT Standard Building Contract With Quantities 2011/2016). The contract will then usually provide
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is
This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how to file a document electronically, deal with rejected electronic filings, issue a claim electronically, file electronic bundles (eBundles) for case
A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but does not order any action by a party. A court may issue it alone or in conjunction with some other relief such as an injunction and can be granted on an
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.