When a claim of negligence is made, a reasonable duty of care is one of the first factors that must be established. It is a legal obligation requiring an individual to adhere to a “standard of reasonable care” whilst undertaking tasks that could cause harm. In construction disputes, contractors and consultants have a duty of care to their clients and third parties, ensuring their health and safety, as well as adhering to construction contracts drafted. If you find yourself embroiled in a dispute concerning construction law in London, our specialist teams are here to help.

Here at Van Eaton solicitors in Streatham, we can help assist you in any contentious construction disputes that may arise. If you believe a failure to uphold a duty of care has left you at risk of harm or financial loss, our high quality legal services will implement dispute resolution to assess your claim and strategically advise you on who is responsible for the noncompliance. Read our article below to explore who should carry out a duty of care concerning construction projects, and the procedure you should follow when making a claim.

Contractual Obligations

Not every fault made by a professional in the construction industry has cause for a claim of liability. Therefore, it’s important to delve into aspects such as possible breaches of contract. Professionals in construction and engineering have a contractual obligation to perform a service to the standard of a competent professional with reasonable care and skill. For instance, during general construction of a property, a construction team will have a duty of care to their client that the building will be fit for purpose. This doesn’t necessarily apply to designers unless the contract specifically states this.

The Defective Premises Act 1972 imposes duties on builders and developers to conduct work safely and in accordance with strict criteria governing the same. Professionals must work closely with local authorities in accordance with building regulations and standards. If professionals including developers and landlords fail to comply, it is known as a breach of statutory duty. You can read our previous article concerning the act here.

There is also an implied duty to warn clients if the building may pose threat or danger. If you believe a contractor, developer or any other party involved has breached their contract, and failed to provide a duty of care, our construction law solicitors in London are here to help assess your claim. Our experienced construction lawyers can establish the most effective course of action to present you with the result you desire.

Negligence

An additional duty of care exists in the tort of negligence, unless a specific contract has restricted this particular duty. A duty of care in tort is owed to clients and third parties from contractors and consultants, with a promise to take reasonable care to avoid causing injury or damage to the property. Consultants also owe a duty of care to clients concerning the quality of work, but this is not usually the responsibility of contractors.

When a contract has not been drafted or negotiated, design liability may arise through a duty to warn clients of a possible defect. This applies when a contractor who was assumed to be competent failed to realise that a defect in design was present when they should have. Financial loss usually isn’t included in tort, unless financial detriment was caused due to damage for which a duty is owed, or where there is an assumption of responsibility.

Experienced in dealing with construction law in London and the surrounding areas, our lawyers here at Van Eaton solicitors can establish if negligence has occurred, and who is directly responsible. Through dispute resolution and analysis of contract and law compliance, our construction law solicitors in London can negotiate the result you want as efficiently as possible, with an attempt to relieve any emotional stress that the situation might be causing you.

In Summary

We hope that this article has provided you with some insight into the duty of care that is required by law when dealing with construction issues and disputes. Landlords, contractors and developers are among the range of professionals that owe their clients a duty of care to ensure their health and safety.

If you require legal advice concerning construction law in London and the surrounding areas, our solicitors are here to help. To arrange a consultation, please contact us by calling 0208 769 6739. Alternatively, you can fill out our online form here.