This paper was developed as part of on-going research on design liability. Although initially focused on English law, it was thought that it would be useful to contrast the position in other jurisdictions. Ten were selected, five in the EU and five outside. This paper presents the results of the analysis for the five EU countries; Belgium, France, Germany, Italy and The Netherlands. It aims to compare the liability position of consultants and contractors in relation to design activity in those countries. Some comparisons with the UK are also included.

The method used was, first, a desk-based study, following which drafts of the initial findings were sent, together with queries, to experts in each country, and their helpful comments were integrated into the individual country profiles, and then comparatively analysed. In particular there was a focus on the precise nature of the design liability, i.e., whether it was negligence-based or strict, potential defences, whether causation must be proved, and which party bore the burden of proof.

The discussion begins with general observations, followed by an analysis of each country. The key findings are summarised in a table at the end of the paper, including a classification of the level of liability for each country.