Like all business activities, commissioning presents liability risks for the players. The contract documents create and allocate some of those risks, and the legal system (including laws, regulations, and court precedents) creates and allocates others. Since commissioning is relatively new to the construction process, many of the attendant risks are not identified or allocated explicitly. Explores some of the legal risks associated with commissioning and suggests how the legal system will allocate them.

KEYWORDS: commissioning, buildings, risk assessment, regulations, liability, law, certifying