The professional liability of the construction manager

With order no. 16745 of 15 June 2024, the Italian Court of Cassation clarified the responsibilities of the construction manager. According to the Court, the construction manager is obliged to ensure that the works are executed in accordance with the project and comply with building regulations.

However, this does not imply that the construction manager can be held jointly and severally liable with the contractor for defects in the work resulting from design errors.The construction manager would only be held jointly and severally liable if the client had explicitly tasked them with verifying the feasibility and technical adequacy of the project.