Under obligation
- 2001
- Building Services Journal March 2001, 41(1) .
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.
DESIGN NEGLIGENCE CONDITIONS OF ENGAGEMENT LIMITATION PERIODS CONSULTANTS NEW ISLINGTON AND HACKNEY HOUSING ASSOCIATION V POLLARD THOMAS AND EDWARDS LTD TOZER KEMSLEY & MILLBURN (HOLDINGS) LTD V J JARVIS & SONS LTD