Examining the liability of consultants in construction Contract in Ethiopia:

Abstract

The modern era has brought with it a never-before-seen demand for high quality and high quantity civil infrastructures and industrial facilities. To attain this objective, the involvements of construction consultants are highly indispensable starting from the pre-construction stage to the provision of certificate of accomplishment of the project. Accordingly, the purpose of this thesis is to examine the liabilities of construction consultants (professionals) who through discharge of their obligations as agents of clients (employers) in construction contract have assumed contractual and tortious liabilities in the Ethiopian Construction laws. In construction contract adequate liability allocation pertaining to consultants is almost neglected. Beyond the fact that the agreed contract terms allocate the rights and obligations in a contract, the contract and actions of parties are governed by the prevailing law. This governing law is expected to provide adequate statutory and legal controls to regulate specific liability terms in contracts, in addition to offering ample guidance in interpretation of these terms. The thesis aims to investigate the concept of liabilities, its limitation and provisions in the legal framework of Ethiopia; with the intention of examining adequacy and proficiency of the Ethiopian construction laws. The research will mainly be doctrinal in its nature in which different documented facts on the construction consultants‟ liability in construction contracts will be explored, legal regimes and policies will be analyzed.