A principal who authorises or directs an independent contractor to perform work in a dangerous manner does not thereby owe a common law duty of care to the contractor, but may be liable under reg 73 of the Construction Safety Regulations if the authorisation constitutes active participation in the construction work. A builder who coordinates safety arrangements (such as procuring and approving the location of a safety fence) for a subcontractor's work is a person 'carrying out' that construction work for the purposes of reg 73, and an owner-builder whose agent performs such coordination is also liable. Terms requiring safety measures will not be implied into a bare quotation for supply and installation of guttering.
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