‘Tort claims for economic loss on construction projects – Avantage v WSP

“Construction claims usually arise out of a breach of contract, because it is easier to establish liability than under a tortious claim. However, where there is no contract or the contractual limitation period has expired, or a contracting party is insolvent or is uninsured, parties may have no choice but to bring a claim in tort. To succeed in an action for negligence at common law, it is well established that a claimant must prove that the defendant owes it a duty of care …” (more)

[Philip Apfel, Construction Blog, 14 June]

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