Resources

Legislation and Regulations

The following legislative acts and regulations have been referenced throughout this book and should be consulted for a full understanding of their content. They should all be available from the Government website http://www.legislation.gov.uk

• ACA Form of Building Agreement 1982
• Arbitration Act 1996
• Architects Act 1997
• Building Regulations 2010
• CDP Analysis
• CIOB forms
• Civil Liability (Contribution) Act 1978
• Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
• Contract (Rights of Third Parties) Act 1999
• Courts and Legal Services Act 1990
• Premises Act 1972
• GC/Works/1 (1998)
• Housing Grants Regeneration and Construction Act 1996
• JCT ICD 16
• JCT MP 16
• JCT MWD 16
• JCT SBC 11, and now 2016,
• JCT SBC 16
• Legal Aid, Sentencing and Punishment of Offenders Act 2012
• Local Democracy, Economic Development and Construction Act 2009 (came into force 1 October 2011)
• NEC3
• NEC3 (Short Contract)
• Planning (Listed Buildings and Conservation Areas) Act 1990
• RIBA Domestic and RIBA Concise Contracts
• SI 2011 n o 2008 Architects. The Architects (Recognition of European Qualifications) Regulations 2011
• Supply of Goods and Services Act 1982
• Town and Country Planning Act 1990
• Unfair Contract Terms Act 1977
• Unfair Terms in Consumer Contracts Regulations 1999

Codes of Conduct

It should go without saying that you should know what your code of conduct requires of you. It may be useful also to understand what those of your fellow professional consultants require of them.

ARB Code of Conduct

The 2010 and 2017 versions are available at: http://arb.org.uk/architects-code

RIBA Code of Conduct

The current version and supporting documents are available at: https://www.architecture.com/RIBA/Professionalsupport/Professionalstandards/CodeOfConduct.aspx

RICS Rules of Conduct and guidance on Ethics & Professional Standards

Available at: https://www.ice.org.uk/ICEDevelopmentWebPortal/media/Documents/ About%20Us/ice-code-of-professional-conduct.pdf http://www.rics.org/uk/regulation1/compliance1/ethics--professional-standards/

ICE Code of Conduct

The current version is available at: https://www.ice.org.uk/ICEDevelopmentWebPortal/media/Documents/ About%20Us/ice-code-of-professional-conduct.pdf

Further Reading

This list is by no means exhaustive but should provide further insight into both the general issues and the specific processes.

General

• Blake, Browne and Sime: The Jackson ADR Handbook. First Edition. 2013. Oxford University Press.
• Blake, Browne and Sime: A Practical Approach to Alternative Dispute Resolution. Second Edition. 2012. Oxford University Press.

These two books provide a detailed and scholarly overview of all of the main dispute resolution methods discussed in this book, with the exception of litigation.

• Luder: Keeping Out of Trouble. Third Edition. 2006. RIBA Publishing.

A good general guide to avoiding problems, including disputes.

• Lupton: Cornes and Lupton’s Design Liability in the Construction Industry. Wiley, Blackwell. 2013.

Misunderstandings related to design liability account for a large number of construction disputes. This book covers most of the issues to be aware of and is clear and easy to read.

• Ostime: Handbook of Practice Management. Ninth Edition. 2013. RIBA Publishing.

A practical guide to good practice measures that should help to avoid issues that can become disputes.

• The Technology and Construction Court Guide. HM Courts & Tribunals Service. Second Edition. Issued 3 October 2005, third revision with effect from 3 March 2014.

Probably not for a casual read but invaluable if you do find yourself involved in litigation in the TCC.

• Uff: Construction Law. Tenth Edition. 2009. Sweet & Maxwell London.

The definitive guide by the man who first coined the term ‘construction law’. Scholarly but very accessible.

• Wevill: Law in Practice. The RIBA Legal Handbook. 2013. RIBA Publishing. A guide to the law as it affects architects. A must for every practice bookshelf.

Contract

• Poole: Textbook on Contract Law. 12th Edition. 2014. Oxford University Press.

A first year law degree course book, it provides a basic grounding in contract law generally.

• Hughes, Champion and Murdoch: Construction Contracts. Routlege. 2015
• Lupton, Cox, Clamp and Udom: Which Contract? Choosing the Appropriate Building Contract. Fifth Edition. 2012. RIBA Publishing.

Both of these books provide a level of understanding of the various forms of construction contract that will be invaluable in choosing the most appropriate contract, and therefore the one least likely to lead to problems.

Tort

• Hedley: Tort. Seventh Edition. 2011. Oxford University Press.

A first year law degree course book, it provides a basic grounding in the law of tort generally.

• Jackson LJ and Powell QC: Jackson and Powell on Professional Negligence. Fifth Edition. 2002. Sweet & Maxwell.

This is the definitive work on professional negligence and will provide authoritative advice and information if you are involved in negligence proceedings. It is a book your lawyers will be referring to.

Mediation

• fisher and ury: getting to yes. 2011. random house.
• strasser and randolph: mediation: a psychological insight into conflict resolution. 2004. continuum.
• richbell: mediation of construction disputes. 2008. blackwell publishing oxford.

These three books provide useful insight into the psychology of mediation and how and why it works so successfully. All are written in a straightforward and accessible style and you should read at least one of them if you are seriously contemplating, or are faced with, mediation.

• Goodman: Preparing for Mediation – a Guide for Consumers. Mediation Publishing. 2016
• Moore: The Mediation Process. Fourth Edition. 2014. Jossey Bass.

These two books provide more insight and information on the actual processes involved in mediation. It would be a good idea to at least dip into one or both if you are seriously contemplating, or are faced with, mediation.

Adjudication

• Coulson J: Coulson on Construction Adjudication. Third Edition. 2015. Oxford University Press.

Sir Peter Coulson is the High Court Judge in charge of the TCC so this is not a bedtime read. Nevertheless, his clarity and his wit make this more accessible than its weighty appearance might suggest; and it is the definitive work on adjudication. It will provide authoritative advice and information if you are involved in adjudication either as a party or a witness. This is a book your lawyers will be referring to.

• Rawley QC, Williams, Martinez and Land: Construction Adjudication and Payments Handbook. 2013. Oxford University Press.

An authoritative practical guide to the procedures of adjudication.

Arbitration

• Harris, Planterose and Tecks: The Arbitration Act 1996: a Commentary. Fourth Edition. 2007. Blackwell.

The flexible nature of arbitration does not lend itself to general guidance

This book provides a straightforward and authoritative commentary on the Arbitration Act with examples of how the various clauses have been interpreted in real cases.

Institutions and Other Bodies

Mediation

Legal

The number of firms of solicitors offering services relating to construction disputes is too great, and too wide ranging with regard to the scope and cost of those services, to allow a sensible listing here. However, the Law Society offers a ‘find a solicitor’ service, rather like RIBA’s ‘find an architect’, that should enable you to find the practice best suited to your particular needs.

Insurers

There are many providers and brokers offering PI insurance. The following may be considered as a ‘first port of call’ but further research, based on your own specific requirements, is likely to provide a number of additional options.