Professional Negligence Liability & Risk

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Professional Negligence Liability & Risk

THIS EVENT IS FULLY BOOKED. PLEASE SELECT ANOTHER DATE OR COURSE FROM OUR UPCOMING EVENTS.

Validated for 1 CPD Point CESA-1022-05/2020
Co-validated for SACPCMP/CPD/16/045

INTRODUCTION

Professional architects, engineers, quantity surveyors, project managers and other consultants often find themselves doing work which could expose them to legal liability. Yet few understand the risks to which they are exposed or the standard of skill and care which the law expects. In this one-day workshop we focus on negligence and liability of construction professionals. Their relationship with the employers, contractor and members of the public is considered.

It is important that all players in the construction industry understand:

  • The standard of skill and care expected of professionals
  • To whom they owe a duty of skill and care
  • The consequences if the standard of skill and care is not met
  • How to limit and otherwise manage the exposure of Professionals to claims

WHO SHOULD ATTEND

This workshop is useful, not only for construction professionals, but also for contractors and employers. Contractors and employers may be exposed to a negligent professional or may themselves be negligent. Their actions could exacerbate the negligence of a professional or increase his liability.

COURSE CONTENT AND LEARNING OBJECTIVES

This seminar focuses on the potential liabilities of professionals, and how to limit and otherwise manage their exposure to claims. It considers the professional’s relationship with the employer, the contractor and the public. Its content and learning objectives include:

  • The standard of skill and care expected of professionals, and how this standard applies in the various roles of the professional
  • That claims may be made against professionals for breach of contract or in delict
  • When the conduct of professionals will be considered negligent
  • When professionals will be liable for their own negligence and for the negligence of others
  • What liability for ‘fitness for purpose’ entails
  • The difference between liability for negligence and ‘fitness for purpose’
  • What ‘design’ entails
  • The level of supervision expected of the professional
  • How precise interim certificates are expected to be
  • When professionals can be liable for the behaviour of their employees and subcontractors
  • How a professional’s liability for defects terminates by prescription and by contract
  • A basic understanding of copyright in technical drawings
  • An understanding of the basic principles of professional indemnity insurance
  • Awareness of some important South African court decisions on liability of professionals
  • Overview of relevant provisions of the Consumer Protection Act
Feb 23 2021

Details

Start: 23 Feb
End: 24 Feb
Course Categories:

Venue

FULLY BOOKED