EXAMINING LIABILITY IN NEGLIGENCE FOR BUILDING DEFECTS: A COMPARATIVE LEGAL ANALYSIS OF NIGERIA AND SOUTH AFRICA

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dc.contributor.authorBarakat Adebisi Raji
dc.contributor.authorADENIYI, A. I.
dc.contributor.authorIMAM A. A
dc.contributor.authorABDULAZIZ, R.
dc.date.accessioned2026-05-06T09:34:56Z
dc.date.available2026-05-06T09:34:56Z
dc.date.issued2024
dc.description.abstractAlthough structural defects are a common phenomenon across the world, the spate of building collapses and construction hazards in Nigeria is increasingly becoming alarming. At the height of building defects is the occurrence of collapsed buildings, which has become an issue of national concern, in the light of its attendant consequence of devastating loss of lives and properties. It is commonplace for the employer to require the contractor to warrant that the works upon completion are free from defects and to repair the defects in the event of such occurrence. A contractor’s failure to properly perform his obligations in a construction contract or negligence in performing his obligation constitutes a breach, and as thus, he is liable to the employer who may have suffered due to the wrongful or negligent act that has caused a building defect(s). Silhouetted against this backdrop, this paper seeks to examine the liability in negligence for building defects in Nigeria. This paper employs a doctrinal methodology of legal research in which relevant primary and secondary sources of legal materials are subjected to descriptive and content analysis. Importantly, this paper draws a comparative sketch of the legal regime on building defects in Nigeria and South Africa. This paper advocates the rejigging of the legal regime on construction and building activities so that it is more pronounced to address the recurrent issues of liability in building defects. This paper concludes with some recommendations for ameliorating the incidence of building defects in Nigeria.
dc.identifier.citation3. Raji, B. A., Adeniyi, A. I, Imam A. A. & Abdulaziz, R. (2024). Examining liability in negligence for building defects: A comparative legal analysis of Nigeria and South Africa. Al-Hikmah University Law Journal, 5(1), 133-152. Published by College of Law, Al-Hikmah University, Ilorin, Ilorin, Nigeria.
dc.identifier.issn2476-8510
dc.identifier.urihttps://uilspace.unilorin.edu.ng/handle/123456789/18061
dc.language.isoen
dc.publisherCollege of Law, Al-Hikmah University, Ilorin, Nigeria.
dc.subjectLiability
dc.subjectNegligence
dc.subjectBuilding defect
dc.subjectNigeria
dc.subjectSouth Africa
dc.titleEXAMINING LIABILITY IN NEGLIGENCE FOR BUILDING DEFECTS: A COMPARATIVE LEGAL ANALYSIS OF NIGERIA AND SOUTH AFRICA

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