We use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. By continuing to use the website, you consent to our use of cookies. Close

CHAPTER 6 Causation loss and damage in claims against construction professionals

Professional Negligence in Construction

Page 113 CHAPTER 6 Causation loss and damage in claims against construction professionals Causation loss and damage in claims against construction professionals Introduction 113 Section A: the essential approach 114 Section B: scope of duty 114 Section C: remoteness 116 Section D: causation 118 Effective cause 118 Break in the chain of causation 119 Outcome dependent upon hypothetical actions 120 Section E: assessment of loss 122 Costs of rectification or diminution in value? 122 Other expenditure or costs 124 Liability to third parties 125 Personal injury, inconvenience and distress 126 The construction professional’s fees 127 Section F: mitigation 128 Section G: limitation of actions 129 Section H: contributory negligence 132 Section I: contribution 134 Introduction 6.1 A construction professional may have acted in breach of contractual and tortious duty without causing the person to whom that duty was owed any loss. Indeed, although a breach of contractual duty will always amount to “liability” even if it results in no damage, 1 there is no breach of tortious duty unless damage is caused, “damage” being an essential ingredient of the tort of negligence.

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, please enter your details below to log in.

Enter your email address to log in as a user on your corporate account.
Remember me on this computer

Not yet an i-law subscriber?

Devices

Request a trial Find out more