liabilites Flashcards
What does liability refer to in a construction project?
Legal responsibility when things go wrong, such as injuries, damage, or delays
Liability can arise from negligence, contract breaches, failure to comply with safety standards, or providing faulty materials and designs.
What are common scenarios that can lead to liability in construction?
- Worker injuries
- Property damage
- Construction defects
- Project delays
Each scenario has specific causes and implications for legal responsibility.
What is meant by ‘duty of care’ in the context of liability?
Legal obligation to act with a responsible standard of care to avoid causing harm or injury
This includes adhering to safety protocols and complying with relevant codes and standards.
Define contractual liability.
Liability arising from breaches of contract which outline responsibilities, costs, deadlines, and quality standards
A breach can lead to damages being awarded.
What is negligence in the context of liability?
Failure to exercise reasonable care, leading to accidents, injury, and property damage
A party may be held liable if they do not act with the care expected.
Explain strict liability.
Liability for damages regardless of the care exercised, often applies to inherently dangerous activities
This generally applies to risks that cannot be fully controlled.
What is product liability?
Liability arising from defects in materials or equipment, holding manufacturers or suppliers accountable
This can occur if products fail to meet safety standards.
What is professional liability?
Liability for errors or omissions in plans or designs that lead to delays or defects
This arises when professionals fail to meet expected standards of care.
What are statutory and regulatory compliance requirements?
Compliance with local and regional laws and regulations, such as planning laws and building regulations
Violations can lead to fines, corrective actions, or shutdowns.
How can agreements protect parties from liability?
Contracts can protect one party from liability for injuries, losses, or damages by accepting associated risks
This shifts the responsibility within the terms of the contract.
What role does insurance play in managing liability?
Insurance policies help manage financial risks associated with liabilities in construction
Types include general liability, workers compensation, builders’ risk, and professional liability.
What is employers’ liability?
Employers’ responsibility for the safety of their employees, which can result in liability if negligence is involved
Employers often manage this through workers’ compensation insurance.
What is the Health and Safety Executive (HSE)?
A regulatory body enforcing safety protocols on construction sites
Noncompliance can lead to significant fines and increased liability for injuries.
How is liability managed in construction contracts?
Through defining responsibilities and including clauses such as indemnity clauses
These clauses can shift liability from one party to another.
Fill in the blank: ___________ clauses in contracts shift liability from one party to another.
Indemnity
These clauses are crucial in managing risks among parties.
What are safety and compliance programs?
Programs that enforce safety measures and ensure compliance with regulations to mitigate liability
They are essential for maintaining a safe construction environment.
