Be careful what you wish for: How and when to plead a breach of the statutory duty of care under the Design and Building Practitioner’s Act 2020 [2023]

Recent decisions interpreting the statutory duty of care imposed by section 37 of the Design and Building Practitioner’s Act 2020 have made it clear that any person involved in construction work is subject to the new duty. This should raise alarm bells for all those with general responsibility for construction works, such as directors, engineers, architects, foreman, managers, project managers, and certifiers. However, while this appears like a boon for plaintiffs in building and construction actions, there are times when the cost of pleading and prosecuting this cause of action will far outweigh its benefits. Care must be taken before pleading this cause of action. Garth Campbell and Richard Cheney SC will discuss the recent decisions in this area and the impacts on pleading for both plaintiffs and defendants, and also where the law in this area may be headed.   How and when to plead a breach of the statutory duty of care or defence under the DBP Act 2020

• 1 CPD Point in Substantive Law