DEVELOPERS, DESIGN CONSULTANTS AND CONTRACTORS LIABILITIES’ IN THE CONSTRUCTION INDUSTRY IN NIGERIA: A PROPOSAL FOR A BALANCE

Abstract

Construction opportunities come with risks and liabilities. The risks and liabilities may be bodily injury, loss of life and damage to property including financial loss which resulted from human negligence or factors. This paper therefore examined the liabilities of the owners, design consultants and contractors in the building industry in Nigeria. The examination revealed that the Insurance Act 2003 required the owner or developer of any building of more than two floors to be constructed to insure it prior to the commencement of the construction to provide for the liability of such developer arising from construction risks caused by his negligence or the negligence of his servants, agents or consultants which may result or cause bodily injury, loss of any life or damage to property belonging to any workman on the site or any member of the public. But no corresponding duty was imposed on the design consultants and the contractors in the Public Procurement Act 2007 and the Federal Competition and Consumer Protection Act 2018. It suggested therefore for the immediate amendment for the latter to provide and impose liability on the contractor of a building and the design consultant who may have supervised or directed the work for the losses and damages if the said building should collapse total or partial within a period of ten years and above after the completion and handover due to defects in construction arising from negligence even if the defects or collapse was due to defect in ground or soil.

 

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