Design Responsibility in Construction Projects | Jim Doyle, Doyles Construction Lawyers

In this training session, our principal lawyer, Jim Doyle from Doyles Construction Lawyers explains one of the most critical topics for architects, engineers, designers, certifiers, supervisors, and builders: Design Responsibility in the Construction Industry.

With the introduction of the Design and Building Practitioners Act (NSW), design liability has dramatically expanded — including non-delegable duties, economic loss exposure, personal liability, and stricter documentation standards.

This session breaks down how courts assess negligence, duty of care, causation, and liability — and what design professionals must do today to protect themselves and their organisations.

What You Will Learn

✔ What “design responsibility” actually means in construction projects
✔ How responsibility arises through contract, common law, and statute
✔ How negligence works: duty, breach, damage, causation
✔ Why pure economic loss is now actionable under the DBP Act
✔ 10-year retrospective liability + non-delegable duties
✔ Key case law: Donoghue v Stevenson, Bolwell’s case, Brookfield, Seiwa, LULAC
✔ Why designers must document assumptions, scope, limits & sign-offs
✔ Importance of peer reviews & proper design processes
✔ Why supervisors and directors may be personally liable
✔ How courts analyse foreseeability, vulnerability & control of risk

This training is essential for anyone involved in design, certification, engineering, supervision, or project management.

Timestamps

00:56 – What is “Design Responsibility” in Construction?
03:02 – Three Sources of Responsibility: Contract, Common Law, Statute
04:12 – Duty of Care: Proximity, Control & Relationship Tests
08:03 – DBP Act: Expanded Duties & 10-Year Retrospective Liability
10:10 – Donoghue v Stevenson: Core Principle for Modern Duty of Care
18:21 – Economic Loss: Hedley Byrne & Spartan Steel Principles
24:18 – Foreseeability, Vulnerability & Control of Risk Tests
27:41 – Brookfield Case: Duty of Care to Future Owners
33:48 – Personal Liability for Supervisors & Directors Under the DBP Act
43:51 – Why Proper Design Documentation & Sign-Offs Prevent Liability

About Doyles Construction Lawyers

Doyles Construction Lawyers are specialist construction and engineering lawyers assisting contractors, principals, strata, developers, engineers, subcontractors, and homeowners across Australia.
Learn more: https://www.doylesconstructionlawyers...

📞 Contact us:
🌐 www.doylesconstructionlawyers.com
☎️ 1800 888 783
📧 [email protected]

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