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ARTICLE · 04 MARCH 2010

Owner engaging 3rd party: Effect on contractors duty? Houlahan v Pitchen [2009] WASCA 104

Norton Rose Fulbright Australia
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Does an owner engaging a third party to carry out part of the contractor’s original scope of works relieve the contractor from its duty to ensure that the works are carried out in a proper and workmanlike manner?

AustraliaReal Estate and Construction
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Does an owner engaging a third party to carry out part of the contractor's original scope of works relieve the contractor from its duty to ensure that the works are carried out in a proper and workmanlike manner?

Facts

During the construction of a house, the owner decided to engage a third party to construct a balustrade that originally formed part of the contractor's scope of works. After the house was completed, the owner was seriously injured when the balustrade collapsed in the first week of occupation.

The owner sued the contractor in contract for failing to carry out the balustrade work in a proper and workmanlike manner, in that, amongst other things, the contractor failed to properly supervise the installation of the balustrade and failed to ensure that the balustrade was installed in accordance with the relevant Australian standard.

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