Construction Law



Page 1562


21.01 There are two overlapping areas of law concerning the engagement of individuals to perform work that are of primary relevance to those involved in the construction industry. The first area comprises health and safety laws, which include the obligations of employers (and “quasi-employers”) to construction workers, and the remedies available to workers in the event of accident or injury in their workplace.1 Health and safety laws are of paramount importance to those involved in the construction industry, given the potential dangers of construction operations. Liability in respect of health and safety issues is usually founded on breach of contract, tort (ie, negligence) and/or breach of statutory duty. The second area of importance concerns the terms of employment of construction workers. Employment law is an enormous topic in its own right, and is only touched upon in this text.2

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