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Once obligation, fault and damage exist, the law determines who will stand the loss. In the context of a building contract, a tort may be committed if a breach of contract affects a third party. For example, if the negligent action of an architect, builder or engineer results in the collapse of a structure there is a breach of contract and, if someone is injured by the collapse, a tort has been committed, in which case the injured person can sue in tort for negligence...
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Negligence claims most commonly made against architects and builders are for negligence. Claims of negligence concern the "duty of care" required by various parties.
Duty of care must be determined in relation to the extent of a negligent action, the professional status of the person who has been negligent, the loss or damage caused negligence and what reasonable action was taken to prevent damage to others...
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