Risk profile for construction professionals rises with new Supreme Court decision
Following the recent decision in Goodwin, the Supreme Court of NSW has handed down another decision that considers the scope of the duty arising under the DBPA and to whom it is owed.
In Pafburn, the court established the duty is prima facie owed by those who are able to control how the construction work is carried out, even if they were not involved in the carrying out of the construction work itself. This may include developers who are owners, depending on the facts of the case.
In this article, W+K Construction PI specialists Mairead Cusack and Robert Finnigan explore how this decision effectively increases the risk profile of construction professionals for insurers.
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