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The designer's duty - Time for review

Paper number
151

Alexander Nissen QC

December 2008

A paper presented to a meeting of the Society of Construction Law in London on 4th November 2008.

Alexander Nissen wrote about the extent of a designer's liability in an article published in the Construction Law Journal in 1997. In this paper, he re-examines and updates that article. The paper is concered with the extent of the duty to revisist or review an architect's (or other designer's) original design in the light of recent developments in case law (in particualr New Islington and Hackney Housing Association v Pollard Thomas and Edwards Ltd and Oxford Archhitects Partnerhsip v Cheltenham Ladies College).

Introduction - 1. What does the duty to review a design comprise? - 2. How long does the duty to review a design last? - 3. What are the legal consequences of breach of the duty to review a design in the sense of damages claimable? - Conclusions.

The author: Alexander Nissen QC, LLBHons, FCIArb is a member of Keating Chambers, London, he is also a contributing editor to Keating on Construction Contracts and one of the commentators for the Construction Law Reports.

Text: 13 pages.
PDF file size: 137k