ABSTRACT
Engineers typically design facilities by reference to published Standards, which are generally considered to represent the “state of the art” of the competent and skilful practitioner. Chapter 10, co-authored by Professor Andrew Potts, addresses the question as to whether engineers can rely on such Standards to discharge their duty of exercising due skill, care and diligence in design. The process of writing Australian Standards is reviewed, noting the broad spectrum of stakeholder interests involved to incorporate the current “state of the art”. The statutory and contractual significance of Standards are discussed, as well as the designer’s duty of care under the common law and statute. The engineer’s obligation to comply with a Standard is considered, and whether that is sufficient to discharge his or her duty. A case study is presented in which an engineer was found liable in negligence, notwithstanding that its design complied with the current Standard.
