A builder, by virtue of his contract to build a building, does not assume any liability in tort in relation to defects in the building giving rise to pure economic loss. This should be contrasted with the position of professionals such as architects or engineers who advise on, and expect their clients to act in reliance upon, their work. They may be liable in tort as well as contract on the basis of an assumption of responsibility. The position of design and build contractors, not referred to in the judgment, remains unclear (Robinson v PE Jones Ltd www.bailii.org/ew/cases/EWCA/Civ/2011/9.html).
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Concurrent liability
- Mills & Reeve LLP
- Miranda Whiteley
- United Kingdom
- February 23 2011
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Don Sangster
Legal Department Administrator
Jovian Capital Corporation