As a student, a graduate or a professional within the Kenyan Construction Industry and in our Café Construct community, ever wondered what is at stake for team members involved in a building that collapses?
Let’s talk about that:
AS THE CLIENT/ BUILDING OWNER
May be charged with several counts of manslaughter by the court depending on the number of people who lose their lives as a result of the collapse.
In turn, sues Team members/professionals involved in especially the structural design, supervision and/or construction.
May be sued by the Authorities, if they carried out unapproved additional works that compromised the structural integrity or carried out work without supervision by certified professionals.
AS THE ARCHITECT
Summoned by the court and may be charged with manslaughter as well.
Bears the burden to prove the collapse was not a result of their negligence from proper documentation, i.e. reports done, minutes from meetings, instructions given.
May be part of the people sued by the Client for the loss and damage caused.
Insurance/Professional indemnity may cover the litigation expenses but only to a certain extent.
Summoned by the Architect’s registration body to prove licensure.
Risks loss of Practising licence if proven guilty or at the very least a damaged reputation within the Industry and massive shame in your circle of family and friends.
AS THE STRUCTURAL ENGINEER
Summoned by the court and may be charged with manslaughter as well.
May be sued by the Client for the loss and damage caused.
Bears one of the heaviest burdens within the team to prove the collapse was not a result of their negligence by giving proper documentation, i.e. strength test reports, instructions given, drawings and specifications issued.
Insurance/ Professional indemnity may cover the litigation expenses but only to a certain extent.
Summoned by the Engineer’s registration body to prove licensure.
Risks loss of Practising licence if proven guilty or at the very least a damaged reputation within the Industry and massive shame among those who know them personally.
AS THE QUANTITY SURVEYOR
Insurance/ Professional indemnity may cover any lawsuits against them but the litigation expenses are only covered by the Insurance to a certain extent.
Summoned by the Quantity Surveyors' registration body to prove licensure.
Your Firm’s name being associated with the failed project will damage your reputation within the Industry and bring massive shame to you among family and friends.
AS THE CONTRACTOR
Bears one of the heaviest burdens within the team to prove the collapse was not a result of their negligence and prove that no shortcuts were taken in terms of materials, workmanship and/or labour.
May be part of the people sued by the Client for the loss and damage caused.
Liable for third parties injured by the damage and family members will most likely file for compensation.
Summoned by the Contractors’ registration body to prove licensure, project registration and construction approval.
Injuries, death and property damage expenses might be covered by the insurance company (to some extent) depending on the Policy taken.
Risks loss of Contractor’s licence if proven guilty and of course accompanied by a damaged reputation and shame.
AS THE APPROVING AUTHORITIES
Officials may be arraigned in court and may be charged with manslaughter as well.
They carry out investigations to find out if there were any illegal renovations and construction works and may sue the building owner if that is the case.
Bear the burden of proof that corruption did not play a part in the disaster and that they did not approve construction of an unfit structure.
The community will build an unhealthy mistrust of the authority and their ability to get work done without being compromised.
All in all, litigations ensue as all parties in the Construction project look to distance themselves from the disaster. These court cases can last years and that takes up time and money- even if parties are acquitted for lack of evidence.
It is not a pretty site (no pun intended)!
As a follow up to this article, keep your eyes peeled for an upcoming Café Construct podcast episode featuring a Construction Lawyer for a more in depth conversation on professional indemnity and construction-related lawsuits.
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