Pacific Associates: charter for professional negligence?
Series: Construction Law Journal ; 19(6) 2003, 311-318(8)Publication details: 2003Subject(s): Summary: Looks at "Pacific Associates Inc v Baxter" (CA, Abs40237) which concerned whether certifiers can be held liable to contractors for negligence. Discusses the view that the case resulted in a settled CA authority that under-certification cannot give rise to liability to contractors. Argues this view would lead to illogicality and unfairness as there would be nothing to prevent liability for certifiers negligent misstatements resulting in liability to contractors in principle. Suggests that provided the contractual clauses do not contain something which is inconsistent with the inposition of a duty, there is no reason why a tortuous liability should not be imposed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS67217 (Browse shelf(Opens below)) | 1 | Available | 124518-1001 |
Looks at "Pacific Associates Inc v Baxter" (CA, Abs40237) which concerned whether certifiers can be held liable to contractors for negligence. Discusses the view that the case resulted in a settled CA authority that under-certification cannot give rise to liability to contractors. Argues this view would lead to illogicality and unfairness as there would be nothing to prevent liability for certifiers negligent misstatements resulting in liability to contractors in principle. Suggests that provided the contractual clauses do not contain something which is inconsistent with the inposition of a duty, there is no reason why a tortuous liability should not be imposed.