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Recent decisions interpreting the statutory duty of care imposed by section 37 of the Design and Building Practitioner’s Act 2020 have made it clear that almost any person involved in the construction industry is subject to the new statutory duty of care and may be sued for defective work if they breach that duty. While this appears like a boon for plaintiffs in building and construction actions, there are strict rules that can make pleading and evidencing such a claim a difficult exercise, and care must be taken lest the cost of pleading and prosecuting this cause of action outweigh any potential benefits. Garth Campbell and Lucas Shipway will discuss the recent decisions in this area, the impacts on pleading for both plaintiffs and defendants, and also where the law in this area may be headed. We hope you can join us.
By Greenway ChambersRecent decisions interpreting the statutory duty of care imposed by section 37 of the Design and Building Practitioner’s Act 2020 have made it clear that almost any person involved in the construction industry is subject to the new statutory duty of care and may be sued for defective work if they breach that duty. While this appears like a boon for plaintiffs in building and construction actions, there are strict rules that can make pleading and evidencing such a claim a difficult exercise, and care must be taken lest the cost of pleading and prosecuting this cause of action outweigh any potential benefits. Garth Campbell and Lucas Shipway will discuss the recent decisions in this area, the impacts on pleading for both plaintiffs and defendants, and also where the law in this area may be headed. We hope you can join us.