Construction professionals, such as civil or structural
engineers, will on occasion require specialist advice on aspects of
their design or advice. The general rule is that the construction
professional commissioning the specialist advice will remain
responsible to their employer for the quality of that advice.
However, a recent case from the Technology and Construction Court
in England demonstrates that there are certain circumstances in
which professionals can avoid liability for specialist advice that
turns out to be wrong.
Background
The case of Co-operative Group Limited v John Allan
Associates (2010) concerned the construction of a Co-operative
(Co-op) supermarket on relatively soft ground. John Allen
Associates ("JAA") were employed as consulting civil and
structural engineers and had proposed a system for improving the
ground conditions in order to reduce settlement. In doing so,
they had relied on the advice of a specialist contractor. Both JAA
and the
