Appraising Contractors’ Tortious Liability Under the Tort of Negligence. Perspectives from Common Law and Civil Law Jurisdictions

This article examines the tortious liability of contractors under the tort of negligence, comparing approaches in common law and civil law jurisdictions. It analyzes the key elements of negligence—duty of care, breach, and resulting damage—focusing on the contractor’s liability for negligent acts and negligent advice on construction projects. The study highlights how common law jurisdictions impose liability based on established legal precedents while civil law systems, exemplified by the French Civil Code, adopt a broader codified approach. The article also explores how contractors may still be held liable beyond contractual limitation periods and how liability can arise even in the absence of a formal duty of care in civil law jurisdictions. Understanding these differences is crucial for contractors and employers operating in multiple legal frameworks.