Can a contractor be liable for defective design information where the employer has appointed an architect and the contract gives the contractor no design responsibility?

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Legal and contractual solutions - Design

When may a contractor be liable for defective design information where the employer has appointed an architect and the contract gives the contractor no design responsibility?

The workmanship duty, obvious design errors and contributory negligence

A contract that leaves design with the appointed architect does not put the contractor beyond reach for a design fault. The duty every builder owes to work with reasonable skill and care can make it liable for building to an obviously wrong drawing.

Quick answer

Yes: even with no design duty, a contractor owes an implied duty to work with the skill and care of a reasonably competent builder, so it can be liable for building to a drawing whose error a competent builder would have spotted, subject to a reduction for the employer contributory negligence

Yes. A contract that appoints an architect and says nothing about contractor design does not mean the contractor cannot be liable for a design fault. Every contractor owes an implied duty to work in a good and workmanlike manner with the care of a reasonably competent builder, and where the drawings contain an error a competent builder would have spotted, following them blindly is no answer. A builder who demolished walls shown on the plans as non-load-bearing was held liable in breach of that duty because, as a competent builder, he should have known nine-inch walls were load-bearing and should have supported them. His liability was reduced heavily for the client's contributory negligence, since the client's agents had supplied the wrong plans. A variation can also impose a design responsibility where it requires the contractor to work out how the work is to be done.

No design dutyDoes not put the contractor beyond reach for a design fault
Workmanship dutyReasonable skill and care of a competent builder
Obvious errorBuilding blindly to a wrong drawing is no answer
Contributory negligenceThe party that supplied the faulty information carries much of the loss
VariationsAn instruction can impose a design duty for that work

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