Design liability Problems with defining extent and level

Lupton, Sarah

Design liability Problems with defining extent and level - 2016 - International Construction Law Review 33 (2) April 2016, 96-110(15) .

Focuses on the important and still controversial question of the extent of a Design and Build Contractor's design obligation where following the design produces an inadequate outcome. Explores cases where the extent or level has not been clearly set out, sometimes with unexpected results. The projects covered are of varied scale, but all involve some allocation of design responsibility to the contractor and provide useful lessons for those involved in drafting tender packages.


DESIGN LIABILITY
CONTRACTORS DESIGN
Walter Lilly & Company Ltd v Mackay & Anor
NATIONAL MUSEUMS AND GALLERIES ON MERSEYSIDE V AEW ARCHITECTS AND DESIGNERS LTD
ILIFFE V FELTHAM CONSTRUCTION LTD
TREBOR BASSETT HOLDINGS LTD V ADT FIRE AND SECURITY
COSTAIN LTD V CHARLES HASWELL & PARTNERS LTD
MT HOJGAARD A/S V E.ON CLIMATE AND RENEWABLES UK ROBIN RIGG EAST LTD
GREATER VANCOUVER WATER DISTRICT V NORTH AMERICAN PIPE AND STEEL LTD
MW HIGH TECH PROJECTS UK LTD V HAASE ENVIRONMENTAL CONSULTING GMBH


International