KnabelWeek 1 DiscussionCOLLAPSE Unlike a crime, which is an offense against the public at large, and punishable by law, a tort is a civil wrongdoing preformed intentionally, negligently or by strict...

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KnabelWeek 1 DiscussionCOLLAPSE

Unlike a crime, which is an offense against the public at large, and punishable by law, a tort is a civil wrongdoing preformed intentionally, negligently or by strict liability where a court implies the recovery of compensatory and punitive damages from the tort-feasor (Kelleher, Robey, & Mastin, 2015, p. 5). Torts and crimes can sometimes overlap in the eyes of construction law, especially where the wrongdoer expressly intends on causing damages such as fraudulently misrepresenting material facts in a construction contract. Therefore, it is important for construction management personal to have a vague understanding of torts and crimes pertaining to construction at the very least. The importance arises from a liability standpoint of all parties involved in a construction project; many times there is no contractual privity between involved parties, such as a subcontractor and project owner, however, negligence on behalf of the subcontractor, which results in personal injury or property damage can also extend to the owner or general contractor (Kelleher, Robey, & Mastin, 2015, p. 6).





References


Kelleher, T. J., Robey, R. G., & Mastin, J. M. (2015).Smith, Currie & Hancocks common sense construction law: A practical guide for the construction professional. Hoboken, NJ: John Wiley & Sons.

Answered Same DayJan 11, 2021

Answer To: KnabelWeek 1 DiscussionCOLLAPSE Unlike a crime, which is an offense against the public at large, and...

Azra S answered on Jan 12 2021
148 Votes
Caution regarding tort and crimes
Knowledge of the basics of tort and crime for construction person
nel is a must and an advanced knowledge is definitely an added advantage. This is because, even unintentionally, construction personnel getting involved with law is not uncommon. In such cases having knowledge regarding the laws will definitely prove advantageous to the construction personnel.
Tort and crime are both evils and I believe, tort...
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