Non-delegable duties – the hard road for building owners in party wall cases

12th October 2016

Building owners carrying out notifiable party wall works, usually basement extensions, which cause damage to adjoining owner’s buildings, have been known to say “Terribly sorry old chap, but you will understand that I employed top-notch contractors, and the law says that I am not responsible for the negligent acts of my independent contractors”.

In party wall matters, however, the much relied upon “independent contractor” defence to general negligence claims, does not apply.

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Expertise: Party Walls


This content is provided free of charge for information purposes only. It does not constitute legal advice and should not be relied on as such. No responsibility for the accuracy and/ or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by any member of Chambers or by Chambers as a whole.


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