Business Breakfast: Designers and Their Liability in Construction Projects
LEGATE recently hosted a business breakfast dedicated to the timely topic of “Designers and Their Liability in Construction Projects”, together with Norbert Havrila and Adam Nahalka. The discussion brought a number of practical insights into the new challenges arising from the application of the new Construction Act in practice.
One of the key questions addressed was how far the liability of designers extends today and where the boundaries lie between the responsibilities of the various participants in the construction process. Practice increasingly shows that designers are no longer responsible solely for the project documentation itself, but also for whether the project can successfully withstand the permitting process and respond to the requirements of the building authorities.
During the meeting, we focused primarily on issues that raise the most questions in practice while also representing significant risks for all parties involved in construction projects. We discussed the allocation of liability between designers, developers, and other participants in the construction process, the approval of changes by building authorities, as well as the practical implications of the integrated permitting procedure for construction intentions and project documentation.
An important part of the discussion also concerned the handling of client documentation and instructions, as inaccurate or incomplete inputs often lead to disputes during project implementation. We also addressed the importance of appropriate contractual arrangements and effective risk management, which today play a crucial role in the successful delivery of construction projects.
The business breakfast once again confirmed that combining legal expertise with practical market experience is essential in construction projects. It is precisely the combination of thorough preparation, properly established processes, and clearly defined responsibilities that determines whether a project becomes a successful realization – or the subject of a dispute.
We would like to thank all participants for the open and insightful discussion. We will continue to follow the topic of designers’ liability and the new construction rules closely, particularly from the perspective of their practical application.
