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ICE legal notes series: liability of professionals for defects

This paper gives advice on where professional liability exists for defects and differentiation between contractual and tortuous liability.

ICE legal notes series: liability of professionals for defects

Content type: Best practice

Last updated: 31 December 2022

Author/s: ICE

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This paper gives details on latent defects. It covers:

  • Which types of latent defect is a professional liable?
  • What is the last date when a client can sue a professional?
  • Can a client assign a right to sue for latent defects?
  • What insurance is available to protect the professional?
  • Liability in contract
  • Liability in tort (delict in Scotland)
  • The measure (quantum) of damages
  • Differences in Scotland
  • Limitation of actions
  • Insurance to cover liability for latent defects
  • European laws

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