1998 – Liability for Dam Performance by Owners, Design and Constructors

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D. C. Green

The disaggregation of public water supply bodies in recent years has seen the functions of ownership, design and operation transferred to separate bodies. Consequently , issues of risk management associated with legal liability which previously could be ignored because all risks were absorbed in -house must now be faced and addressed in a more formal way.

This paper looks firstly at the general principles of legal liability for dam performance associated with construction and design, ownership of an existing dam and monitoring of its performance. Liability under several different areas of the law is discussed. Special issues associated with “design and construct” contracts are then highlighted, and warnings are given for project sponsors who control the letting of contracts and the briefing of consultants.

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