The liability of the construction project manager

Construction project management is in its infancy in the United Kingdom. In its developed state it may take many configurations. This paper is concerned with consultancy project management, i.e. the use of a project manager appointed to fulfil a role independent of the client organization. The burden of the paper is to develop a framework of areas of potential civil liability of the consultant project manager. The framework builds upon a broad analysis of the work, management and organizational aids deployed by, and the likely skills and attributes of, the successful project manager. It is found that there is a good correlation between legal and management principles. Three areas of law are of particular significance: contract, agency and the torts of negligence. The basic principles relevant to each are explored and practical analogies for project management drawn. The developed principles are tested against several construction and project management decisions in the USA. Those decisions are found to be largely consistent with those developed principles. It is concluded that such principles will be applied by the courts in England when dealing with actions involving consultancy construction project managers.