Negligence in building design and construction
The tort of negligence is concerned with a breach of a duty to take care. In order to succeed in an action for negligence, a plaintiff must prove:
- The defendant owed to the plaintiff a legal duty of care, and,
- The defendant was in breach of duty, and,
- The plaintiff has suffered damage as a result of that breach.
The legal duty of care referred to is one that arises independently of a contractual obligation and, indeed, in the absence of a contract. Over many years the courts have produced a long series of decisions to assist in deciding whether or not, on particular facts, a duty of care arises.
Some of the key cases are listed below. Clicking on the links will take you to articles describing each case.
- Donoghue v Stevenson (1932).
- Hedley Byrne & Co Ltd v Heller & Partners Ltd (1963, 1964).
- Dutton v Bognor Regis UDC and Another (1972).
- Anns v Merton London Borough Council (1977, 1978).
- Junior Books Ltd v Veitchi Co Ltd (1982).
- Governors of the Peabody Donation Fund v Sir Lindsay Parkinson & Co Ltd (1984).
- Muirhead v Industrial Tank Specialists Ltd (1985, 1986).
- Leigh & Sillivan Ltd v Aliakmon Shipping Co Ltd (1986).
- Curran and Another v Northern Ireland Co Ownership Housing Association Ltd and Another (1986, 1987).
- D&F Estates Limited and Others v Church Commissioners for England and others (1988, 1989).
- Murphy v Brentwood District Council (1990, 1991).
- Henderson and Others v Merrett Syndicates Ltd and Others (1994, 1995).
- White v Jones (1995).
- Gable House Estates Ltd v The Halpern Partnership and Another (1995).
[edit] Find out more
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
Polyisocyanurate (PIR) insulation and how it was tested.
"We can’t sustain low density suburbs, density isn't a choice, it's a necessity." - Read our interview with the award-winning social housing architect Peter Barber.
Conservation area designation can be crucial, but treatment of individual parks varies considerably.
ICE publish new NEC4 Design, Build and Operate contract.
America's failing infrastructure
Report states $2 trillion is needed over the next 10 years to fix American roads.
What is the client's strategic brief for construction projects?
Read the story behind the world's most iconic festival stage, Glastonbury's Pyramid Stage.
First ever BREEAM Communities innovation credit is claimed by Temple Farm Development.
Read the story of Ronan Point, another disastrous event which had profound consequences for the construction industry.
CIOB to help conservation specialists gain recognition for their expertise with launch of new Certification Scheme.
BIM and the future of construction
A brief introduction to Building Information Modelling - is it the future of construction?
Have a look at Francis Kéré's 2017 pavilion, based on the concept of the tree as a place of shelter.
CIOB announce new commission to assess what more it and the industry can do to tackle build quality issues.
What is ACM cladding, what is it used for, and is it banned?
Click here to see more featured articles and news.