KnabelWeek 1 Discussion
COLLAPSE
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.