WK4PM - Duty of Care Flashcards
Q1. What is the difference between ‘fitness for purpose’ responsibility and an obligation to exercise ‘reasonable skill and care’? What it the purpose of these levels?
Fit for purpose – Relating to a product - a defined purpose that must be met / higher standard
Reasonable S&C – Where there is a duty of care to exercise the reasonable skill and care expected of man possessing that level of skill – minimum required standard.
Q2. What are the three key elements a plaintiff needs to show before making a successful claim against a professional for negligence under law of Tort?
Relationship in which a Duty of care is owed – That duty has been breached – Breach has resulted in damage or loss.
Q3. Does the architect have any particular duty to draw attention of the contractor to onerous terms or amendments in the contract at time of tender?
Yes, as it could be classed as misrepresentation bringing rise to claims.
Q4. Where a contractor/subcontractor’s drawings are ‘approved’, ‘checked’, ‘inspected’, etc. by the architect/engineer and subsequently an error is discovered, who bears the cost - the contractor, subcontractor or the employer? Would there be any grounds for a claim for negligence?
Employer would under variation but then may then claim against the architect.
Architect must check terms of contract to see if they have taken on that responsibility.
Q5. Would the Main Contractor be held liable if a divergence is discovered between the drawings/BQ’s (produced by the Architect), and Statutory Regulations? How would this differ under a Design and Build Contract? What are the implications of such changes before and after the base date?
Discovered before – Contractor
After – Variation on the Employer
D&B – Liability with MC
Q6. The employer’s architect has decided to delegate the design of a reinforced concrete structure on a sloping site to a design and build subcontractor, as they felt it was be beyond their remit. If, subsequently, the design proved to be defective who would be held liable? (Explain what should have occurred under these circumstances.)
Architect is liable but can be passed down the chain.
Q7. Assuming you were successful in getting Chartered, how would you deal with a situation such as a friend who asks you to provide them with QS advice for a house extension that they are about to undertake.
No because you are not covered by PII and it doesn’t comply with the RICS code.
Q8. How would this change if you did the work in your own time (i.e. as a private commission outside of work), there was no formal contract and your friend does not pay you for the services provided?
Still the same – do not offer advice.
Q9. Could an Employer claim against a Quantity Surveyor for negligence for underestimating a project, due to returned tenders being significantly higher than the estimated project cost?
A claim of negligence requires proof that reasonable skill and care has not been exercised. May not be there fault, design changes?
Q10. Would the employer be able to claim from the Quantity Surveyor for the additional cost of variations made by the contractor?
Depends on the contract and who’s responsible for measuring the BOQ. Could be architects’ fault or down to design changes.
Q11.What is the purpose of PII? How does this differ from other types of insurance?
Professional Indemnity Insurance – Covers for claims made against you regarding negligence etc.
Q12. The RICS guidance notes, relating to PII insurance, advices professionals to check that the policy includes for ‘run off cover’. Discuss what is meant by this term.
If you want to leave or retire it ensures you are still cover for the duration of your liability periods.
Q13. Discuss the reason behind the inclusion of a ‘net contribution clause’ which is sometimes inserted within terms of engagement of professionals involved within construction projects.
Net Contribution Clause – if more than one party then liability can be split.
