Liability For Fire Safety Requirements: Who Bears The Risk When The Fire Strategy Cannot Be Implemented?

A fire strategy is typically established at an early stage of a construction project, but its underlying assumptions are tested only once the relevant solutions are finally designed and implemented. This applies especially to renovation and extension projects, where new fire safety solutions must operate in conjunction with an existing building. Where an assumption proves unfounded, the consequences may include redesign, additional works and delay.

Liability for the resulting costs depends on the reason for the change and on the terms agreed between the parties. Was the necessary solution already comprised within the contractor's scope of works? Has a consultant or contractor committed a design error? Or does the matter concern a new requirement, or a condition of the existing building, that the agreement did not address? These questions must be considered separately in determining liability and the allocation of costs.