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Under obligation

By: Contributor(s): Series: Building Services Journal ; March 2001, 41(1)Publication details: 2001Subject(s): Summary: Discusses the issue of negligent design. With reference to a number of cases, considers in what circumstances a designer is under continuing obligation to review a design, and at what stage his accountability ends. Looks in particular at the period of limitation, and conditions of appointment. Notes that proceedings must commence within the limitation period - six years for a simple contract - or they will be statute-barred. Concludes that between completion of a design and its embodiment in the structure, the consultant has a duty to review it, and before practical completion he also has the opportunity to put right any defects. Notes that the problems arise if the designer becomes aware of a defect after practical completion.
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Journal article London Journal article 1 Available 111492-1001

Discusses the issue of negligent design. With reference to a number of cases, considers in what circumstances a designer is under continuing obligation to review a design, and at what stage his accountability ends. Looks in particular at the period of limitation, and conditions of appointment. Notes that proceedings must commence within the limitation period - six years for a simple contract - or they will be statute-barred. Concludes that between completion of a design and its embodiment in the structure, the consultant has a duty to review it, and before practical completion he also has the opportunity to put right any defects. Notes that the problems arise if the designer becomes aware of a defect after practical completion.