What is Tort?
A tort claim comes from violating a general legal duty to act responsibly and not cause harm to others.
Definition
Purpose
The purpose of tort law is to protect people and businesses from harm caused by careless or wrongful actions. It holds parties accountable for any damage they cause and allows affected parties to recover losses.
In construction, tort law helps ensure that work is carried out with proper care and responsibility, even in situations that fall outside a contract.
Examples of Use
- A contractor installs waterproofing incorrectly, leading to water damage in tenant spaces years later. Even without a direct contract, the tenants may still file a tort claim for negligence if they can show the contractor’s negligence caused the damage.
- A site visitor is injured because proper safety barriers were missing around an excavation area.
- An engineer provides incorrect structural calculations that later cause damage, resulting in a negligence-based tort claim.
Notes
- Tort law is different from contract law, although both may apply to the same dispute.
- Negligence is one of the most common tort claims in construction.
- Tort claims can arise even when no direct contract exists between the parties.
- Remedies in tort cases often involve financial compensation for damages suffered.
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