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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2529
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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A building falls down ten years after construction who is liable.

Customer Question

A building falls down ten years after construction who is liable. Can the designer still be held liable. What is the time bar for design if any?
Submitted: 11 months ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 11 months ago.
Hi there Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied. I notice that your question remains unanswered and that no expert have taken it up as yet. I suspect this is because there is no easy answer to this complicated legal question. I will however give it a try. It is impossible to simply state who is responsible as the reason for the collapse of the building can be infinite. It could have been caused by for example a sinkhole, fire damage, earthquake, building flaws, design flaws, substandard building materials etc. The long and the short of it is that the time (10 years) would simply increase the difficulty in proving wrongdoing by the designer. In theory, if you can prove that the collapse was due to a design flaw, then you will be able to hold the designer responsible. You will however need very good expert evidence to prove that the collapse was due to a design flaw and that might cost a pretty penny. I hope this answered your question. I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information. Regards
Expert:  Freddie Lombard replied 11 months ago.
Hi there, I have noticed that you have not yet rated my service and consequently I am not sure if you still need help from me or if you are satisfied. Please rate my service positively if you are satisfied. Kind regards