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It is characteristic for this type of liability that there is no distinction in the value of the damage to be repaired by a particular entity. Therefore, such a structure is applicable in situations where it is not possible to determine the degree of contribution of a given entity to the damage. In our case, this will be applied as the designer caused the damage in its entirety through execution of a defective construction design. If not for his mistake, the investor’s damage would not have occurred. Similarly, the investor’s supervision inspector is entirely responsible for the damage. If he noticed the design error and ordered a replacement design and then the correction of the defective element of the facility, the damage to the investor would not have occurred or would only have caused a delay in the development process (mainly resulting from preparation of a replacement design)—and only the designer would be responsible for the damage. So, if a designer makes a mistake and it is not noticed by the people responsible for supervising the construction process and ensuring compliance with the law and technical standards, these people will have to bear responsibility for not noticing the mistake, i.e. not fulfilling their obligations. The decisive factor in attributing liability for the damage to each contributor is that the negligence of each contributor was sufficient to cause the damage—even if, at the same time, another party also caused the damage.
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