Is the background of a Construction Manager (CM) as a contractor or designer relevant in court for professional negligence cases?

The background of a Construction Manager as a contractor or designer can be relevant in professional negligence cases in court. This relevance stems from the expectation that a construction manager will possess a certain level of expertise and knowledge specific to their training and experience. A CM's background impacts their understanding of construction processes, safety standards, contract administration, and the ability to foresee possible issues on a project.

In a professional negligence case, the court assesses whether the construction manager acted in accordance with the standard of care expected in the industry. This standard is often informed not only by the CM's role in the project but also by their educational and professional history. A construction manager with experience as a contractor might be held to different expectations regarding construction practices than one with a background primarily in design. Similarly, if a CM has a mixed background, this may affect the judge or jury's interpretation of their decisions and actions during the project.

The relevance of a CM's background can help establish whether they met the industry standards and fulfilled their duty to manage the project competently. Thus, it can play a critical role in determining liability and the outcome of a negligence claim.