Based therefore on this general study Joasia Lusak examined its relevance to the construction industry in the form of the existence and scope of a duty of care for actual or potential defects or deficiencies. In what circumstances may a typical participant, such as an architect or other designer or a contractor or subcontractor, owe a duty of care? By way of illustration Joasia Lusak gives some simple examples. Here is one of them:

The aim of the book is to present the findings of the author’s research which was directed towards establishing the existence of a specific duty to warn on the part of the service provider, i.e., not only the scope of the duty but also its existence. The author also then looked at the three different legal systems to see how each dealt with duties to warn. Thus the work provides not only some insight on the future harmonisation of the duty to warn but also practical comparisons. However, the research was not solely confined to general principles of law in relation to the duty to warn as the author also wanted to see whether the duty to warn was included in standard forms of contract currently used in the construction industry, i.e., were there express contractual obligations? She concluded that under German and Dutch law, even where the contract did not contain an explicit