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CHAPTER 5 Common issues in a construction project

Professional Negligence in Construction

Page 79 CHAPTER 5 Common issues in a construction project Common issues in a construction project Introduction 79 Section A: site investigation and specialist survey 80 Section B: planning and regulation 82 Section C: budgets and estimates 83 Section D: design 87 Introduction 87 Whose obligation? 87 The standard to be achieved 88 Achieving the client’s objectives 88 Specific design attributes 90 Coordination and integration of design 92 Novel design 93 The obligation of the reviewer 94 Inspection or supervision by the designer 95 Approval of defective design 95 Section E: the tender process 96 Introduction 96 Specification 97 Bills of quantities 97 Selection of contractors 98 Construction contracts 98 Other contracts 99 Section F: contract administration 100 Introduction 100 Familiarisation 101 Providing information and giving instructions 102 Certification 103 Inspection 106 Reporting to the client 110 Keeping records 110 Introduction 5.1 Claims against construction professionals cover an enormous range of circumstances and, because they generally turn upon findings concerning the exercise of reasonable skill and care, they are highly fact sensitive. The outcome of one reported case should be taken as no more than an illustration of how the court might treat another case with broadly similar facts.

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