Construction Law Report: Contractor's Duty to Warn in Hong Kong

This report provides an overview of a contractor's duty to warn in construction law, focusing on the legal obligations and responsibilities. The report examines the general position in Common Law and the duties provided in the Statute. It discusses the importance of the contractor's duty to warn of defects related to design, and the implications of failing to meet these obligations. The report highlights the key obligations of a contractor in a building contract, including the standards and quality of the work. It also references relevant legislation, such as the Construction (Design and Management) Regulations 2015 and the Health and Safety at Work etc. Act 1974. The conclusion emphasizes the contractor's duty to warn the employer, based on the circumstances, facts, and express terms outlined in the contract. This report is available on Desklib, a platform that provides past papers and solved assignments for students.

Running head: CONSTRUCTION LAW
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Executive summary
The primary aim of the report is to illustrate the duties of a contractor. The report discusses the
obligations of a contractor, specifically concerning the duty to provide caution or warn. It
provides the general position in Common law as well the duties provided in the Statute. In
conclusion, it can be stated that the Contractor, or the Consultant or any other person, if any, has
an obligation to warn the Employer. The scope of it, would be based on the assessment of facts,
circumstances and express terms as regards to the responsibilities of each of the parties, owed
within the contract.

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Table of Contents
Introduction......................................................................................................................................3
The Duty of a Contractor to warn....................................................................................................3
Obligations of a contractor under a building contract.................................................................3
General position in Common Law...............................................................................................4
Duties under the Statute...............................................................................................................4
Warning of the defects in design.................................................................................................4
Conclusion.......................................................................................................................................5
References........................................................................................................................................6

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Introduction
Hong Kong is a country that has a jurisdiction of Common Law. This implies that the law
of the land is developed by the courts and derived by the decision of the judges. There are
legislations in Hong Kong that govern the issues concerning the building works and construction
safety1.
The Duty of a Contractor to warn
The courts in Hong Kong have recognized the existence of the duty of a contractor to
provide warning of the defects with regard to the stipulated design of the owner. The duty of the
contractor has gained importance and footing in the English law2.
Obligations of a contractor under a building contract
A building contract generally expresses or sets out the obligations that are owed by the
contractor to the client or employer. In addition to this, more terms have been implied by the law.
Several key obligations of the contractor are related to the completion, standard and quality of
the work3.
1 Hughes, Will, Ronan Champion, and John Murdoch. Construction contracts: law and management. Routledge,
2015.
2 Li, Terry HY, S. Thomas Ng, and Martin Skitmore. "Conflict or consensus: An investigation of stakeholder
concerns during the participation process of major infrastructure and construction projects in Hong Kong." Habitat
international 36.2 (2012): 333-342.
3 Lu, Weisheng, et al. "Analysis of the construction waste management performance in Hong Kong: the public and
private sectors compared using big data." Journal of Cleaner Production112 (2016): 521-531.

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General position in Common Law
There is an existence of a general duty on a Contractor, professional or a builder to warn
of any problem or danger that arises, in relation to which he ought to be aware and about which
he could reasonably be expected to warn the client.
Duties under the Statute
The Construction (Design and Management) Regulations 2015, imposes a duty on the
Principal Designer, with to the ensuring that the project has been carried out without presence of
risks being posed to the safety and health 4.
Obligations to notify or provide a caution to the people, regarding the dangers probable at
a work place has been created by The Health and Safety at Work etc. Act 1974 5.
Warning of the defects in design
A contract for work performance includes any implied warranty to warn any defects in
design, that a contractor or a person of reasonable competency of similar skill ought to have been
aware, believes to be present. Not being able to meet the obligations or duties would result in the
contractor being held responsible for a design, which is not fit for purpose in case the contractor
has knowledge of the presence of the defect, despite that the contractor has completed the design
4 Zhou, Zhipeng, Yang Miang Goh, and Qiming Li. "Overview and analysis of safety management studies in the
construction industry." Safety science 72 (2015): 337-350.
5 Holt, Allan St John, and Jim Allen. Principles of health and safety at work. Routledge, 2015.

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accurately as it was instructed. The duty of warning the defects in design arise from implied
obligations to act with proper care and skill; nevertheless, it implies of a warranty of fitness for
the purpose 6.
The extent or of the duty to warn, and the scope of liability of the contractor for design
that is not suitable, depends significantly on the degree of trust that is placed on the judgment
and skill of the contractor.
Conclusion
Conclusively, it can be stated that, the Contractor as well as the Consultant, if any, has a
duty to warn the Employer. The scope of which, would be based on the circumstances, facts and
express terms as regards to the responsibilities of each of the parties, owed within the contract.
6 Ann, T. W., et al. "Impact of Construction Waste Disposal Charging Scheme on work practices at construction
sites in Hong Kong." Waste management 33.1 (2013): 138-146.

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References
Ann, T. W., et al. "Impact of Construction Waste Disposal Charging Scheme on work practices
at construction sites in Hong Kong." Waste management 33.1 (2013): 138-146.
Holt, Allan St John, and Jim Allen. Principles of health and safety at work. Routledge, 2015.
Hughes, Will, Ronan Champion, and John Murdoch. Construction contracts: law and
management. Routledge, 2015.
Li, Terry HY, S. Thomas Ng, and Martin Skitmore. "Conflict or consensus: An investigation of
stakeholder concerns during the participation process of major infrastructure and construction
projects in Hong Kong." Habitat international 36.2 (2012): 333-342.
Lu, Weisheng, and Vivian WY Tam. "Construction waste management policies and their
effectiveness in Hong Kong: A longitudinal review." Renewable and sustainable energy
reviews23 (2013): 214-223.
Zhou, Zhipeng, Yang Miang Goh, and Qiming Li. "Overview and analysis of safety management
studies in the construction industry." Safety science 72 (2015): 337-350.