Director Duty More answers, more questions? Unravelling the recent approach to the personal duty of care of directors and employees of construction companies

First Prize winner the Society of Construction Law New Zealand 2020 Essay Prize Winner

Explores the issue of personal duty of care on directors and employees of construction companies and the development of the issue through examination of case law over the past decade. The paper aims to unravel some of the complexities in the case law in this area and provide some practical guidance for those in the construction sector. It is argued that the issues associated with personal liability of corporate agents are best addressed simply as part of the “policy” stage of the ordinary two-part framework for determining the existence of a duty of care