What is a designer’s liability if a client insists on a design feature that will create risks or fail to control risks to persons likely to use a building or structure as a workplace?
Section 28 places a duty of care on designers to design a safe building for the known workplace uses. These uses would be defined by the intentions stated in the brief or instructions provided by the client. The designer should bring to the attention of the client the risks or hazards which would be created or increased by the client’s requirements and alternative design options which would eliminate or reduce the hazards or risks. The obligation of the designer is to ensure, so far as is reasonably practicable, that the building or structure is designed to be safe. Clients who insisted on a design choice, knowing it to be inherently unsafe could be found to be in breach of their duty under other Sections of the Act and may also be negligent under common law. A designer who completes a design including such a design option may be liable for a contravention of section 28 of the Act.
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