Liability for defective construction and design Essay

Liability for defective construction and design - Essay Example However, there are certain stipulations that must be met under different legal systems in order to ensure that the dispensation of justice is fair to all involved parties. The legal code in practice in the United Arab Emirates derives a number of different elements from English law but still has subtle differences when it comes to practice. This paper will look into the various kinds of protections offered under English law and UAE law for tortuous liability on grounds of defective construction and design. The discussion in this paper will be focused on the relationship between the developer (or contractor as applicable) and the end consumer who buys the constructed product or services in order to form a comparison of which legal system provides greater protection to the end buyer. Tortious Liability for Defective Construction and Design A number of legal systems provide for tortious liability for acts of omission and commission practiced by the contractor. It is possible to classify building defects using two clear classifications: patent defects and latent defects. While the former deals with defects that are visible to the contractor, consultant and other involved parties, the latter refers to defects that appear years after the building is complete. As far as patent defects are concerned, the involved parties can detect and deal with the defects as they appear unless the project owner is not satisfied. However, it is possible that latent defects remain and only appear after the building is taken into service. For example, it is typical to find leaking plumbing, easily broken floor tiles and the like once a property is taken into custody. The law does provide for remedies in these situations but such remedies are subject to certain stipulations such as time bars. English Law English law dictates that any defects observed after a takeover of constructed property must be evaluated through the Limitation Act of 1980. It is common practice for the parties involv ed i.e. the contractor and the project owner to agree to a period where any discovered defects would be rectified. It is typical to see contractual agreements between parties that stipulate periods of between one year and two years, after the completion of construction, to deal with any discovered defects1. This would apply solely to latent defects as common practice shows that patent defects are removed prior to building handover by the project owner or end consumer. Another set of circumstances would emerge if there are no such clauses available in the construction contract to deal with defects in the post construction completion scenario. In such circumstances, the aggrieved party has the option to go to a court of law in order to deal with any damages incurred due to the contractor’s actions. It must be taken to note that tort actions for such cases under English law are only possible if the tort claim is brought before the case no later than six years after the damage ha s been caused2. Technically the date that the damage is notice or secured is better known as â€Å"the date of action accrued†3. Here it must be taken to note that the involved parties may reduce or increase the period settled by the Limitation Act (1980) for tort claims to occur. It is common court practice not to interfere with the actions of