■ Preface
This pocket handbook is aimed primarily at architects working as sole practitioners or in smaller practices and at Part III students or newly qualified architects. It considers the range and the nature of risks that may lead to disputes, and provides straightforward descriptions of the most commonly used methods of resolving them should they arise. It is intended to provide a quick reference at the beginning of, or during, a project and serve as a reminder of the key things to watch out for - without having to do too much reading.
The legal principles that govern liability in contrast and tort are explained simply, as are the basic elements of the legal framework that underpins the main professional relationships that an architect will engage in during the course of his or her work. These ideas are necessary for a proper understanding of the risks that disputes, may present and of how they may be minimised.
On a practical level, the book gives advice on avoiding disputes in the first place by informally negotiating issues or complaints as they arise. It then describes how full-blown disputes may be settled using Alternative Dispute Resolution techniques and the more formal dispute resolution options of adjudication, arbitration and litigation. The various processes are illustrated with important decisions of the courts and case studies. These studies are compiled from the author's experience but do not describe specific individual cases. This is not intended to be a comprehensive or exhaustively detailed guide to each dispute resolution route1 but rather to provide first aid for an architect faced with any sort of conflict or dispute by helping to identify appropriate options for action and appropriate sources of help.
The book provides explanations of legal matters only insofar as these are necessary or helpful in the understanding of the points under consideration. It is not intended to be a legal textbook. Similarly, the description of a legal team in Chapter 5 is intended only to provide a basic insight into the roles of the various members of a typical team. It is not intended to be a comprehensive or exhaustive description.