Civil Liability of the Contractor Arising from Building Collapse

Abstract

The phenomenon of building and structural collapses has become increasingly prevalent due to the rapid urban expansion driven by growing population demands and the rush of investors seeking quick profit by constructing buildings that often lack proper architectural standards and regulations. This rush compromises the safety and well-being of individuals and leads to significant financial losses. The impact of such collapses is profound on citizens, as housing symbolizes stability and provides security. Additionally, the state and its economy suffer from these incidents due to the substantial investments made in construction projects, making this sector an essential part of the national economy that cannot be overlooked. Therefore, protecting this sector from risks that threaten its integrity is of utmost importance.

In response to the escalation of this issue and its consequences on public safety and the preservation of lives and property, the legislator has imposed stringent measures concerning the civil liability of contractors. This study aims to highlight the contractor’s responsibility for the safety of buildings, a critical issue addressed by various legislations, particularly Libyan civil law.

This research delves into the contractor’s liability for the structural integrity of buildings post-construction and upon delivery to the employer. One of the main obligations of the contractor is to complete a sound and durable structure that serves its intended purpose according to the contractual agreement and professional standards. The contractor is held accountable for any defective construction work, which may result from using substandard materials or negligence in adhering to architectural principles.

In performing their duties, contractors must follow the architectural and technical guidelines imposed by their profession, ensuring there is no error, deficiency, or violation of technical standards and construction regulations, or legal requirements. These obligations must be met within the contractor’s capabilities and resources. The legislator’s goal in regulating contractor liability is to ensure that buildings are safe and free from defects, thereby preventing significant damages that may result from structural failures and protecting third parties from potential harm.