Duty to warn in construction - Revision history

Designing Buildings at 12:26, 6 October 2020

2020-10-06T12:26:38Z

← Older revision		Revision as of 12:26, 6 October 2020
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	* [http://www.bailii.org/ew/cases/EWHC/TCC/2012/3449.html Cleightonhills v Bembridge Marine].		* [http://www.bailii.org/ew/cases/EWHC/TCC/2012/3449.html Cleightonhills v Bembridge Marine].

−	[[Category:~~Health_and_safety_/_CDM~~]] [[Category:~~Other_legislation~~]] [[Category:DCN_Legislation]] [[Category:Contracts_/_payment]]	+	[[Category:DCN_Case_Law]] [[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Legislation]] [[Category:Health_and_safety_/_CDM]] [[Category:Other_legislation]] [[Category:Contracts_/_payment]]

Editor at 15:32, 1 October 2018

2018-10-01T15:32:07Z

← Older revision		Revision as of 15:32, 1 October 2018
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−		+	There is no general duty to warn in English law, however, there are circumstances in which such a duty can exist.
−	There is no general duty to warn in English law however, there are circumstances in which such a duty can exist.	+

	There may be a duty of care in tort to warn a third party of a known potential danger, and where there is a contract, a duty to warn may extend to dangers of which a party ought to have been aware.		There may be a duty of care in tort to warn a third party of a known potential danger, and where there is a contract, a duty to warn may extend to dangers of which a party ought to have been aware.

−	In [http://www.bailii.org/ew/cases/EWHC/TCC/2012/3449.html Cleightonhills v Bembridge Marine] (2012) , Mr Justice Akenhead stated that “In my view, there can be little doubt that a failure to warn in the case of potential danger to human beings may give rise to a breach of any duty of care owed to a third party by a party who knows of the danger. I use the word "may" because it is necessary always to review all the circumstances and there might be circumstances which justify not warning. Where the parties are in contract, the duty to warn may extend to dangers of which the party in question should have been aware by reason of its involvement.”	+	In [http://www.bailii.org/ew/cases/EWHC/TCC/2012/3449.html Cleightonhills v Bembridge Marine] (2012) , Mr Justice Akenhead stated that “In my view, there can be little doubt that a failure to warn in the case of potential danger to human beings may give rise to a breach of any duty of care owed to a third party by a party who knows of the danger. I use the word "may" because it is necessary always to review all the circumstances and there might be circumstances which justify not warning. Where the parties are in contract, the duty to warn may extend to dangers of which the party in question should have been aware by reason of its involvement.”

−	Where there is a danger to health and safety, it may not be enough to simply warn of the danger, it may be necessary to do so vigorously, or to refuse to proceed with the works. In Plant Construction plc v Clive Adams Associates and JHM Construction Services Ltd, ~~JMH~~ did warn of problems but were found to be in breach anyway because they had not protested enough.	+	Where there is a danger to health and safety, it may not be enough to simply warn of the danger, it may be necessary to do so vigorously, or to refuse to proceed with the works. In Plant Construction plc v Clive Adams Associates and JHM Construction Services Ltd, JHM did warn of problems but were found to be in breach anyway because they had not protested enough.

	In addition, there may be a limited express duty to point out discrepancies in the contract documents.		In addition, there may be a limited express duty to point out discrepancies in the contract documents.
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	These duties are fairly restricted; it must be reasonable to impose a duty to warn in the circumstances. However, it is an evolving area of law, and it is possible in the future that the courts could extend the duty to warn to broader commercial issues, rather than just where there is a potential danger.		These duties are fairly restricted; it must be reasonable to impose a duty to warn in the circumstances. However, it is an evolving area of law, and it is possible in the future that the courts could extend the duty to warn to broader commercial issues, rather than just where there is a potential danger.

−	NB on NEC contracts both parties must give early warning of anything that may delay the works, or increase costs. They should then hold an early warning meeting to discuss how to avoid or mitigate impacts on the project. In the case of a compensation event, if the contractor fails to give early warning of a possible delay to the works, or increase in costs, they will only be compensated for effects that would have remained anyway even if they had given early warning.	+	NB: On NEC contracts, both parties must give early warning of anything that may delay the works, or increase costs. They should then hold an early warning meeting to discuss how to avoid or mitigate impacts on the project. In the case of a compensation event, if the contractor fails to give early warning of a possible delay to the works, or increase in costs, they will only be compensated for effects that would have remained anyway even if they had given early warning.

−	= ~~Find out more~~ =	+	= Related articles on Designing Buildings Wiki =

−	~~=== Related articles on Designing Buildings Wiki ===~~	+	* [[Causation\|Brown v KMR Services Ltd]].
−	*[[Causation\|Brown v KMR Services Ltd]].	+	* Causation.
−	*Causation.	+	* Compensation event.
−	*Compensation event.	+	* Duty of care.
−	*Duty of care.	+	* Early warning notice.
−	*Early warning notice.	+	* Good faith.
−	*Good faith.	+	* Independent Broadcasting Authority v EMI Electronics Limited and BICC Construction Ltd.
−	*Independent Broadcasting Authority v EMI Electronics Limited and BICC Construction Ltd.	+	* Plant Construction plc v Clive Adams Associates and JHM Construction Services Ltd.
−	*Plant Construction plc v Clive Adams Associates and JHM Construction Services Ltd.	+	* Reasonable skill and care
−	*Reasonable skill and care	+	* [[Reasonable_skill_and_care\|Sidaway v Governors of Bethlem Royal Hospital]].
−	*[[~~Reasonable%20skill%20and%20care~~\|Sidaway v Governors of Bethlem Royal Hospital]].	+	* Tort.
−	*Tort.	+

	=== External references. ===		=== External references. ===
−	*[http://www.bailii.org/ew/cases/EWHC/TCC/2012/3449.html Cleightonhills v Bembridge Marine].

−	[~~[Category~~:~~Contracts_~~/~~_payment]~~]	+	* [http://www.bailii.org/ew/cases/EWHC/TCC/2012/3449.html Cleightonhills v Bembridge Marine].
−	[[Category:Health_and_safety_/_CDM]]	+
−	[[Category:Other_legislation]]	+	[[Category:Health_and_safety_/_CDM]] [[Category:Other_legislation]] [[Category:DCN_Legislation]] [[Category:Contracts_/_payment]]

Designing Buildings: moved Duty to warn to Duty to warn in construction

2014-03-13T08:15:21Z

moved Duty to warn to Duty to warn in construction

← Older revision

Revision as of 08:15, 13 March 2014

Designing Buildings at 12:18, 13 February 2014

2014-02-13T12:18:37Z

← Older revision		Revision as of 12:18, 13 February 2014
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	*Duty of care.		*Duty of care.
	*Early warning notice.		*Early warning notice.
		+	*Good faith.
	*Independent Broadcasting Authority v EMI Electronics Limited and BICC Construction Ltd.		*Independent Broadcasting Authority v EMI Electronics Limited and BICC Construction Ltd.
	*Plant Construction plc v Clive Adams Associates and JHM Construction Services Ltd.		*Plant Construction plc v Clive Adams Associates and JHM Construction Services Ltd.

Designing Buildings at 08:25, 12 February 2014

2014-02-12T08:25:04Z

← Older revision		Revision as of 08:25, 12 February 2014
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	*[[Causation\|Brown v KMR Services Ltd]].		*[[Causation\|Brown v KMR Services Ltd]].
	*Causation.		*Causation.
		+	*Compensation event.
	*Duty of care.		*Duty of care.
	*Early warning notice.		*Early warning notice.
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	*Reasonable skill and care		*Reasonable skill and care
	*[[Reasonable%20skill%20and%20care\|Sidaway v Governors of Bethlem Royal Hospital]].		*[[Reasonable%20skill%20and%20care\|Sidaway v Governors of Bethlem Royal Hospital]].
		+	*Tort.

	=== External references. ===		=== External references. ===

Designing Buildings at 08:24, 12 February 2014

2014-02-12T08:24:29Z

← Older revision		Revision as of 08:24, 12 February 2014
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	*[[Causation\|Brown v KMR Services Ltd]].		*[[Causation\|Brown v KMR Services Ltd]].
	*Causation.		*Causation.
−	*Duty ~~to warn~~.	+	*Duty of care.
		+	*Early warning notice.
	*Independent Broadcasting Authority v EMI Electronics Limited and BICC Construction Ltd.		*Independent Broadcasting Authority v EMI Electronics Limited and BICC Construction Ltd.
	*Plant Construction plc v Clive Adams Associates and JHM Construction Services Ltd.		*Plant Construction plc v Clive Adams Associates and JHM Construction Services Ltd.

Designing Buildings at 08:23, 12 February 2014

2014-02-12T08:23:41Z

← Older revision		Revision as of 08:23, 12 February 2014
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	*[[Causation\|Brown v KMR Services Ltd]].		*[[Causation\|Brown v KMR Services Ltd]].
	*Causation.		*Causation.
		+	*Duty to warn.
	*Independent Broadcasting Authority v EMI Electronics Limited and BICC Construction Ltd.		*Independent Broadcasting Authority v EMI Electronics Limited and BICC Construction Ltd.
	*Plant Construction plc v Clive Adams Associates and JHM Construction Services Ltd.		*Plant Construction plc v Clive Adams Associates and JHM Construction Services Ltd.

Designing Buildings at 14:50, 31 October 2013

2013-10-31T14:50:27Z

← Older revision		Revision as of 14:50, 31 October 2013
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	[[Category:Contracts_/_payment]]		[[Category:Contracts_/_payment]]
		+	[[Category:Health_and_safety_/_CDM]]
	[[Category:Other_legislation]]		[[Category:Other_legislation]]

Designing Buildings at 14:50, 31 October 2013

2013-10-31T14:50:14Z

← Older revision		Revision as of 14:50, 31 October 2013
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	*[http://www.bailii.org/ew/cases/EWHC/TCC/2012/3449.html Cleightonhills v Bembridge Marine].		*[http://www.bailii.org/ew/cases/EWHC/TCC/2012/3449.html Cleightonhills v Bembridge Marine].

		+	[[Category:Contracts_/_payment]]
	[[Category:Other_legislation]]		[[Category:Other_legislation]]

Designing Buildings at 14:49, 31 October 2013

2013-10-31T14:49:58Z

← Older revision		Revision as of 14:49, 31 October 2013
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	These duties are fairly restricted; it must be reasonable to impose a duty to warn in the circumstances. However, it is an evolving area of law, and it is possible in the future that the courts could extend the duty to warn to broader commercial issues, rather than just where there is a potential danger.		These duties are fairly restricted; it must be reasonable to impose a duty to warn in the circumstances. However, it is an evolving area of law, and it is possible in the future that the courts could extend the duty to warn to broader commercial issues, rather than just where there is a potential danger.
		+
		+	NB on NEC contracts both parties must give early warning of anything that may delay the works, or increase costs. They should then hold an early warning meeting to discuss how to avoid or mitigate impacts on the project. In the case of a compensation event, if the contractor fails to give early warning of a possible delay to the works, or increase in costs, they will only be compensated for effects that would have remained anyway even if they had given early warning.

	= Find out more =		= Find out more =
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	*Plant Construction plc v Clive Adams Associates and JHM Construction Services Ltd.		*Plant Construction plc v Clive Adams Associates and JHM Construction Services Ltd.
	*Reasonable skill and care		*Reasonable skill and care
−	*[[~~Reasonable_skill_and_care~~\|Sidaway v Governors of Bethlem Royal Hospital]].	+	*[[Reasonable%20skill%20and%20care\|Sidaway v Governors of Bethlem Royal Hospital]].

	=== External references. ===		=== External references. ===