Professional Negligence in the Construction Field

Finola O'Farrell QC

September 2009

A paper given to a meeting of the Society of Construction Law at a meeting in Manchester on 29th June 2009

This paper examines the circumstances in which a duty of care in tort will arise between construction professionals and their clients or third parties, the basis on which damages are recoverable in the event of a breach of such duty and the impact of recent developments in this are on construction claims.

The circumstances in which a duty of care will arise - The fall of Anns - The tide turns again: assumption of responsibility - The test for a duty of care - Assumption of responsibility - Threefold test - Incremental test - Holistic test - Impact on cases concerning construction professionals - Recoverable damages - The significance of SAAMCo - Application of SAAMCo - Conclusion.

Finola O'Farrell QC is a member of Keating Chambers in London.

Text 15 pages.