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Book Description

Intensely practical and clearly written, Law in Practice: the RIBA Legal Handbook is the RIBA’s jargon-free, professional guide to the law as it relates to a construction project.

It addresses all the fundamental, up-to-date issues of contemporary construction law, allowing architects to make sound judgements, avoid disputes, and run projects on a safer basis. This new edition has been fully updated to reflect the new RIBA Plan of Work 2013 – the industry’s framework for construction projects – as well as recent case law and other legal updates that the practising architect needs to be aware of.

Why does an appointment need to be written? Why does language matter? What is a novation? What does an overall cap on liability mean, and how can you convince a client to agree one? How do you assess an extension of time? When should you notify your insurer of a potential claim? Law in Practice answers all of these questions and many more.

Table of Contents

  1. Cover
  2. Title
  3. Copyright
  4. Preface
  5. About the author
  6. Contents
  7. 01 General principles of English construction law
    1. 1.1 What do we mean by ‘law’?
    2. 1.2 Why legal knowledge is valuable to architects
    3. 1.3 Where does law come from?
    4. 1.4 Law is not static – it evolves
    5. 1.5 Language and law
    6. Chapter summary
  8. 02 The laws of contract and tort
    1. 2.1 The civil legal obligations of an architect
    2. 2.2 The law of contract
    3. 2.3 The law of tort
    4. 2.4 Limitation periods
    5. 2.5 Working overseas
    6. Chapter summary
  9. 03 Professional appointments generally
    1. 3.1 The need for a written appointment
    2. 3.2 Execution of documents
    3. 3.3 Who writes the written appointment?
    4. Chapter summary
  10. 04 Standard forms of professional appointment
    1. 4.1 RIBA Standard Professional Services Contract 2018
    2. 4.2 NEC4 Professional Services Contract
    3. 4.3 FIDIC Client/Consultant Model Services Agreement, Fifth Edition 2017
    4. Chapter summary
  11. 05 Bespoke professional appointment wording
    1. 5.1 Overview of bespoke forms
    2. 5.2 Discussion of particular forms of words used in bespoke appointments
    3. Chapter summary
  12. 06 Collateral warranties, third party rights and novation
    1. 6.1 Overview of collateral warranties
    2. 6.2 Overview of third party rights
    3. 6.3 Novation
    4. Chapter summary
  13. 07 The architect's role within a construction project
    1. 7.1 The relationship between the architect and the client
    2. 7.2 The architect's services
    3. 7.3 Strategic Definition, Preparation and Brief: RIBA Stages 0 and 1
    4. 7.4 Concept Design and Developed Design: RIBA Stages 2 and 3
    5. 7.5 Technical Design: RIBA Stage 4
    6. 7.6 Construction and the architect's duty to inspect: RIBA Stage 5
    7. 7.7 Handover and Close Out, and In Use: RIBA Stages 6 and 7
    8. Chapter summary
  14. 08 The role of the architect in relation to the building contract
    1. 8.1 Managing relationships with the client and the contractor
    2. 8.2 The architect as contract administrator (CA)
    3. 8.3 Specific powers and duties of a CA
    4. Chapter summary
  15. 09 Professional indemnity insurance (PII)
    1. 9.1 The need for PII
    2. 9.2 Specific provisions of a typical PII policy
    3. 9.3 Risk management
    4. Chapter summary
  16. 10 Disciplinary proceedings and dispute resolution
    1. 10.1 Disciplinary proceedings
    2. 10.2 Dispute resolution: an overview
    3. 10.3 Adjudication
    4. 10.4 Arbitration
    5. 10.5 Litigation
    6. 10.6 Mediation
    7. Chapter summary
  17. Table of cases
  18. Table of legislation
  19. Glossary
  20. Further reading and resources
  21. Index
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