It is normally required, as with any other legal case, in contract management, that if an Action for negligence against a Contract Manager is to be successful, a number of issues have to be proven. Such issues can be listed as;
1 It has to be proven that the Contract Manager owed the other party a duty of care. This is not always an easy concept to define and it may be useful a typical case, where a definition was provided identifying the class of person to whom a duty of care may be owed – ‘persons who are so closely affected by my act that I ought reasonably to have them in my contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question’.
2 It has to be shown that the Contract Manager was in breach of the duty of care.
3 It has to be reasonably foreseeable that injury or damage might arise as a consequence of the breach.
4 It has to be shown that injury, loss or damage has occurred as a result of the breach.
Contract Managers in contract management, are frequently in a position of providing advice and information in relation to a building project and sometimes this information is provided to parties with whom they have no contract but as demonstrated above, if a Contract Manager makes a negligent mis-statement to a party whom they know will rely upon that statement then there is a potential for being sued for negligence.