Abstracts – Browse Results
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Boukendour, S (2007) Preventing post-contractual opportunism by an option to switch from one contract to another. Construction Management and Economics, 25(07), 723–7.
Buckingham, P (2007) International process plant contracts for use on other performance-based projects. Construction Management and Economics, 25(07), 709–13.
Craig, R W and Barnes, W C (2007) Professional employees' exposure to risk of negligence claims from the client. Construction Management and Economics, 25(07), 811–9.
- Type: Journal Article
- Keywords: Construction law; contract law; negligence; liability; professional
- ISBN/ISSN: 0144-6193
- URL: http://www.informaworld.com/openurl?genre=article&issn=0144-6193&volume=25&issue=7&spage=811
- Abstract:
Construction professionals owe duties of care and skill to clients in both contract and tort. Usually the principal or the corporate employer takes responsibility for employees' negligence under the principle of vicarious liability. But analysis of court judgments from England, New Zealand, Hong Kong and Florida (USA) reveals circumstances in which professional employees might attract personal liability to the firm's client, despite an apparent lack of contractual or tortious relationship with that client. Professional employees of unincorporated businesses might be more exposed to this risk than employees of incorporated businesses. Factors causing professional employees to be uninsured include lack of contractual privity between client and employee and absence of compelling rules or statutes. Professional employees seem unaware of these risks. Increased awareness of these risks could encourage employees to take out insurance but clients will resist paying twice to insure the negligence of both principal and employee.
Dagenais, D A (2007) Introduction to good faith in construction contracts. Construction Management and Economics, 25(07), 715–21.
Donohoe, S and Brooks, L (2007) Reflections on construction management procurement following Great Eastern Hotel Company v. John Laing. Construction Management and Economics, 25(07), 701–8.
Gaitskell, R (2007) International statutory adjudication: its development and impact. Construction Management and Economics, 25(07), 777–84.
Gruneberg, S, Hughes, W and Ancell, D (2007) Risk under performance-based contracting in the UK construction sector. Construction Management and Economics, 25(07), 691–9.
Ive, G and Chang, C-Y (2007) The principle of inconsistent trinity in the selection of procurement systems. Construction Management and Economics, 25(07), 677–90.
Ndekugri, I, Smith, N and Hughes, W (2007) The engineer under FIDIC's conditions of contract for construction. Construction Management and Economics, 25(07), 791–9.
Nissen, A (2007) Expert evidence: problems and safeguards. Construction Management and Economics, 25(07), 785–90.
Rameezdeen, R and Rajapakse, C (2007) Contract interpretation: the impact of readability. Construction Management and Economics, 25(07), 729–37.
Shiers, D, Lavers, A and Keeping, M (2007) Indicators of the impact of environmental factors on UK construction law: developments in the new millennium. Construction Management and Economics, 25(07), 821–9.
Twyford, J W (2007) Additional payments under construction contracts. Construction Management and Economics, 25(07), 739–45.
Uher, T and Brand, M (2007) A comparative analysis of the operation of 'compulsory rapid adjudication' in New South Wales and New Zealand. Construction Management and Economics, 25(07), 765–75.
Wang, J, Liu, J and Huang, L (2007) Study on the professional liability insurance system of the supervision engineer in China. Construction Management and Economics, 25(07), 801–10.
Ward, P, Sher, W, Gameson, R and Aranda-Mena, G (2007) Innovative protocols and technologies as a means of complying with the Building and Construction Industry Security of Payments Act 1999 (NSW) Australia. Construction Management and Economics, 25(07), 747–63.