"Design risk, defective buildings and the damages seesaw"

September 2006

Simon Tolson, in a paper given to the IBC Construction Law Summer School which takes place in Cambridge every September, discusses design responsibility under the JCT 05, JCT Major Projects Form and ECC contracts. The aim of the paper is to address design risk responsibility in construction contracts, redress for defective works and the damages seesaw predicated upon the approach of the Courts to the assessment of damages.