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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

Implications of tort law on professional liability in the design and construction industries

Bracey, Karen Elizabeth 14 March 2009 (has links)
This thesis discusses the application of tort law to the design and construction industries. Basic theories of civil law, negligence, and risk management are explained relative to their influence on professional architectural liability. Theories of negligence are examined and provide the foundation for subsequent discussions of professional liability and the variations found in recent case histories. Legal trends indicate that design professionals are held to higher standards of professional conduct than the ordinary person. Architects are also responsible to third parties as well as contractual parties. This expansion of professional duties contributes to the increase in legal claims against architects and engineers. Moreover, conventional risk management techniques do not always adequately address third party liability. It is determined that architectural liability is strongly influenced by external factors, such as privity requirements and statutory regulations, and internal factors, such as quality control measures and inadequate client education. Consequently, reformation efforts of these factors may be the best approach to mitigate professional liability. Successful risk management in the future will involve avoidance, transferral, and insurance of risks. / Master of Architecture

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