Construction contracts are complex documents that must be carefully considered and negotiated to protect the interests of all parties involved.
One important concept within these contracts is the ‘duty to warn’, which requires contractors to inform clients about any potential risks related to a project.
What is duty to warn?
Duty to warn is a principle of contract law which requires contractors and subcontractors to warn their clients of any potential risks or hazards associated with the project that could lead to financial losses.
In construction contracts, this can be used as a defence against negligence claims if the contractor fails to adequately inform their client about the potential issues that may arise from carrying out work on a particular site.
Why can the duty to warn be beneficial?
It can serve as an important reminder for contractors and subcontractors to take all necessary steps when carrying out projects such as performing risk assessments, monitoring safety standards, and ensuring appropriate insurance coverages are in place.
By adhering to this principle, all parties can benefit by avoiding costly litigation down the line.
If you need advice on creating a construction contract and the duty to warn, contact us today for advice.