Index

additional services 75, 94–5, 100 post-novation 166–8 redesign work 95, 107

adjudication 85, 147, 217, 255–69

adjustments to fees 75

adjustments to payments 76, 211, 217

adjustments to the contract sum 211, 213, 217

‘all reasonable endeavours’ 102

‘all reasonable skill and care’ 102

alternative dispute resolution (ADR) 253–4

appeals, legal 9

appointments see professional appointments

approvals and consents see consents and approvals

ARB see Architects Registration Board (ARB)

arbitration 269–72

architects

as contract administrators 72, 177, 195, 203–6

cost planning 182–3

designer’s role 176–7, 188–9

duties during the tender pro cess 195–7

duty to the client 188–9

ensuring compliance with statutory requirements 183–8

insolvency 131, 132, 142, 224

inspection role 197–9, 214

procurement advice 180–1, 182

professional standards 55–6, 223

relationship with client 172–5 188–9, 202–3

relationship with contractors 202–3

scope of services 56–7, 175–7

architect’s appointment see professional appointments

architects’ lien 141

Architects Registration Board (ARB)

Architects Code: Standards of Conduct and Practice 56, 84, 134, 175, 223, 248

disciplinary process 248–52

asbestos 135, 233–4

assignment 74–5, 136–7, 157–8

‘assumption of responsibility’ 36, 40–2

‘back to back’ contracts 239–41

bespoke forms of appointment 66, 87, 91–149

‘best endeavours’ 102–3

bills of quantities 192

breach of copyright 78–9, 120–1, 123

breach of duty 37–8

British and Irish Legal Information Institute (BAILII) 7

building contracts 201–20

forms of contract 191–5 letters of intent 26–32 procurement advice 182 tender process 181–2, 195–7

building control approval 189–91

building information modelling (BIM) 96 –7

Building Law Reports 2, 7

Building Regulations 189–90 foreign work 50

CDM Regulations 183–5

Centre for Effective Dispute Resolution (CEDR) 276

certificate of making good 213, 217

certificate of non-completion 209

certificate of practical completion 211–12

certification for payment 214, 216–18

changes in requirements 95–6

CIC/ConsWa 154

civil court system 8

Civil Procedure Rules (CPR) 252–3

claim reporting 241–2

client briefs 95–6, 179–80

clients

approval of key personnel 109–10

commissioning guidance 174

communication with 244–5

insolvency 40, 140, 219

issuing instructions to project team 72

keeping client informed 109

relationship with architect 172–5, 202–3

requirements 95–6, 179–80

responsibilities 70, 72–3

codes of professional conduct 55–6, 223

collateral warranties 74–5, 110–15, 151–70

dispute resolution 255

insurance cover for 80–1, 232

limitations on 110–15

net contribution in 82–3

‘penalties’ for failure to provide 113–14

post-novation 167

powers of attorney 114

sub-consultants 115, 137

versus third party rights (TPRs 162–3

commercial law 12–13

common law 4–6

companies, execution by 62

complaints procedure 245

confidentiality 135–6

confirmation letters (completion of works) 147–9

consents and approvals

building control approval 189–91

planning permission 73, 185–6

Construction (Design and Management) Regulations 2015 (‘CDM Regulations’) 183–5

Construction Acts 1996/2009 14, 76, 124–5, 128–33, 255–7, 267–8

Construction Industry Council, CIC/ConsWa 154

construction management contracts 194–5

construction management procurement route 197

consultants appointed by client 72 (see also sub-consultants)

consumer clients 25, 67–8

commissioning guidance 174

dispute resolution 85, 147, 255–6

forms of appointment 85, 86–7

payment provisions 75–6, 78, 125

right to cancel appointment 84

Consumer Rights Act 2015 25, 67 85, 86

contamination 233–4

continuous professional development (CPD) 243–4

contract administrator’s role 177, 195, 203–6

contract date 62–3

contract law 13–14, 21–32

doctrine of consideration 21–2

exclusion clauses 25–6

interpretation of contract 23–6

‘offer’ and ‘acceptance’ 23

contractors

claims against the architect 204–5

insolvency 82, 131, 132

notice of delay 208

relationship with architect 202–3

responsibility 72

termination of appointment 218–20

contractor’s design 107–8, 193–4

contracts see building contracts; professional appointments

copyright 78–80, 118–24

assignment to client 122–3

licenses 78–9, 96, 119–20 121–2, 158

third party 96

Copyright, Designs and Patents Act 1988 118

cost estimates 182–3

Court of Appeal 9

‘damage’ 38

date recognition 233–4

decennial liability 49

deeds, execution as 59

default notices 218

Defective Premises Act 1972 42–3

defective work

defects rectification 212–13

identifying 198, 199

latent defects 41, 47–8, 80, 145

defects rectification period 212

delay notices 208

delay of project

extensions of time 207–8

liquidated damages 144

deleterious materials see prohibited materials

‘delivered’ (deeds) 59

design and build contracts 164, 193–4, 202–3

design assumptions 188

design changes 95–6, 107 (see also variations)

design review 107–8, 189

designer’s role 176–7, 188–9

‘diligence’ 103

disbursements 124

disciplinary proceedings 248–52

dispute resolution 85, 147, 252–78

adjudication 255–69

alternative dispute resolution (ADR) 253–4

arbitration 269–72

consumer clients 85, 147, 255–6

foreign work 50

mediation 275–8

documents (see also copyright)

accuracy 186

definition 96

format 79

retention of 48

domestic clients see consumer clients

‘due diligence’ 103

duty of care 20–1, 34–7, 73–4, 101–6

test for 36

in tort 37–40, 43

economic loss 97, 116

liability for 38–43, 44, 147

‘effective date’ (of contract) 63, 99

‘ensures’ 104–5

‘entire agreement’ 98–9

‘equity’ 7

escrow accounts 51, 114–15

EU law 11–12

European Convention on Human Rights 12

European Court of Human Rights 12

European Court of Justice (ECJ) 12

exclusion clauses in contracts 25–6

‘exclusionary rule’ 24

execution of documents 57–65

expenses 75–6, 124

extensions of time 207–8

extra work see additional services

‘factual matrix’ 24

‘fair and reasonable’ 26

feasibility stage 180

Fédération Internationale des Ingénieurs-Conseils (FIDIC)

Client/Consultant Model Services Agreement, Fifth Edition 2017 89–90

fees 56–7, 75–8, 124 (see also payment of fees)

final certificate 217–18

Fire Safety Risk Assessment 191

‘fitness for habitation’ 42

fitness for purpose 143–4, 233

force majeure 84–5

foreign work 48–51

‘foreseeability’ 33–4, 37–8

forms of appointment 55–6, 65–6, 69–90, 91–149

funders

collateral warranties 112, 154, 160

conditional payments 132

step in rights 158–9

glossary 285–7

‘good faith’ obligation 103–4

‘guarantees’ 104–5

health and safety regulations 183–5

Her Majesty’s Courts & Tribunals Service (HMCTS) 8

High Court divisions 8

Housing Grants, Construction and Regeneration Act 1996 255

implied terms 13, 14, 25

indemnities 115–18

‘independently, honestly, fairly and impartially’ 205–6

‘informal’ contracts 26–32

initial project brief 179

injunctions 33, 79

insolvency

architect’s 131, 132, 140, 142, 224

client’s 40, 140, 219

contractor’s 82, 131, 132

third party 132, 133

inspections of the works 197–9, 214

instructions

clients’ 100

contract administrator’s role 210–11

insurance brokers 224

insurance manager role 237, 241–2

intellectual property rights 118

interest, on late payments 76

interim certificates 213, 214, 217–18

interim payments 217–18

interpretation of contract 23–6

JCT Standard Building Contract Without Quantities 2016 (SBC/XQ) 202, 207, 209–10, 211, 212

JCT’s DB 2016 202–3

joint and several liability 82

jointly insured losses 145–6

LADs (liquidated and ascertained damages) 144, 207, 209–10

land law 33

language and law 15–18

late payment 14–15, 76

Late Payment of Commercial Debts (Interest) Act 1998 76

Latent Damage Act 1986 44, 48

latent defects 41, 47–8, 80, 145

law of contract see contract law

law of tort 20–1, 32–44

lead consultant role 176

lead designer role 176–7

legal advice 245–6, 254

legal cases 279–81

legal knowledge 3–4

legal precedent 9–10

legal systems 5

legislation 10–11, 106, 283

letters of appointment 26

letters of intent 26–32

liability

for economic loss 38–40, 147

and insurance 80–1

limitations on 25–6, 73, 80–1, 14 4–7, 160–1

licenses see copyright

Limitation Act 1980 44, 48

limitation period for actions 80, 145

in contract 45–7

contractual 58

indemnity provisions 46, 117

in tort 41, 42, 47–8

variation and exclusion 45–6

limited liability partnerships (LLP) 61–2

liquidated and ascertained damages (LADs) 144, 207, 209–10

‘listed items’ 214

litigation 272–5

losses, client’s see economic loss

making good defects 212–13

management 243

management contracting 194–5

materials, off-site 214

mediation 275–8

misstatements 40–2

moral rights 123–4

NEC₄, Professional Services Contract (PSC) 88–9

negligence see professional negligence actions

negotiation 93–4, 124

‘neighbour principle’ 35

net contribution 26, 72, 81–3, 145–6

non-completion certificates 209

Northern Ireland law 5

notice of delay 208

‘notified sum’ 77–8

novation 74–5, 138–9, 164–70, 194

office procedures 241–2, 244

off-site materials 214

operation and maintenance (O&M) 199

outline planning permission 186

overseas work 48–51

parliamentary bills 11

partnerships 60–2

party wall issues 187–8

party wall surveyor 187–8

pay less notices 77–8, 130–1, 214–15, 258

‘pay when paid’ 132

payment guarantee bonds 51

payment notices 76–8, 128, 214–15

payment of fees 75–8, 124–33

adjustments 75

avoiding disputes 56–7

conditional 132

consumer clients 76, 78, 125

in event of suspension or termination 76, 141–2

foreign work 50–1

ins talment s 126 –7

late 14–15, 76

link to copyright license 79, 123

‘set-off’ 76

timing 76–7, 127

withholding 77–8, 130–2

payments to contractor

adjustments 211, 217

certification for 213–14, 216–18

final 213, 214

non-payment to contractor 217

timing 213–14, 217–18

percentage fees 124

performance-specified work 194

permissions and approvals see consents and approvals

permitted development 185

PII see professional indemnity insurance (PII)

planning conditions 186

planning permission 185–6

pollution 233–4

post-completion phase 199

post-occupation evaluation 199

powers of attorney 114

practical completion 148, 211–12

practice management 243

pre-agreement stage 172, 179

precedent 9–10

pre-contract negotiations 24

pre-existing work 99–100

primary legislation 10–11

principal designer 184

‘privity of contract’ 21

procurement advice 180–1, 182

procurement route 180–1, 191–5

professional appointments 53–67

alignment with PII 234

amendments to contract or deed 64–5, 93

avoiding disputes 56–7

bespoke forms of appointment 66, 91–149

execution of documents 57–65

negotiation 67, 92

standard forms of appointment 55–6, 65–6, 69–90

written terms 16, 54–5, 267–8

professional indemnity insurance (PII) 83–4, 133–5, 221–46

alignment of terms of appointment with 57, 234

claim notification requirements 234–7

and collateral warranties 114, 155

and contract liability limits 80–1, 146–7

contract review service 92

coverage 230–4

excess sum 230

exclusions 232–4

foreign work 49

indemnity cover 115–17

indemnity limits 229–30

limitation period for actions 46

maintenance by the architect 157

obtaining cover 224–8

performance warranties 46, 105, 155

premium 222–3

reporting potential claims 241–2

‘run-off’ cover 227–8

specific provisions 228–38

professional negligence actions 6, 8, 20, 33–4, 36 (see also duty of care)

tort 20–1, 32–44

professional standards 55–6, 223–4

prohibited materials 108, 156–7

project brief 179

project lead role 176–7

project risk assessment 172–3

‘proximity’ 36, 43

quantity surveyor role 95, 181, 182, 214, 217

‘reasonable endeavours’ 102–3

‘reasonable skill and care’ 6, 37, 73–4, 102, 188, 233

‘reasonableness’ 25

recruitment 242–3

redesign work 95, 107 (see also variations)

regulations, compliance with 106, 108

repudiation 220

residential clients see consumer clients

retention money 215–16

retirement, PII after 227–8

RIBA

Adjudication Scheme for Consumer Contracts. 256

A Client’s Guide to Engaging an Architect 174

Code of Professional Conduct 55, 83–4, 134, 175, 223, 248

disciplinary process 248

Domestic Professional Services Contract 2018 85–7

Good Practice Guide: Fee Management 124

A Guide to Letter Contracts for Very Small Projects, Surveys and Reports 30

Job Book 70, 177

Leading the Team 176

Plan of Work 2013 97, 176, 177–9

Standard Professional Services Contract 2018 65–6, 70–88

Work Stages 70, 178–200

risk assessment 172–3

risk management 238–46

schedule of defects 212

schedule of services 70, 175–6

Scheme for Construction Contracts 14, 125–6, 127, 256

Scottish law 5

secondary legislation 10–11

set-off 76, 142–3

site visits 197–9

Society of Construction Law 2

‘soft landing’ 199

sole traders 60

specialist advice 183, 188–9

standard forms of appointment 55–6, 65–6, 69–90

standards

compliance with 106, 108

foreign work 50

statute law 10–11, 25

statutory consents and approvals 185–6, 189–91

Statutory Instruments 11

statutory requirements, compliance with 183–8

step in rights 158–9

sub-consultants 137

appointments 238–41

collateral warranties 115

copyright licences 122

sub-contracting 74–5, 137, 192, 194

‘suitability for purpose’ 42

‘supervision’ 197

Supreme Court 9

suspension of contracts 84–5, 133

by the client 139

payment for work carried out 76, 78

Technology and Construction Court (TCC) 8, 272

tenders 181–2, 191–7

architect’s advice 196

two-stage 192, 194

termination of appointment 84–5

by the architect 140

by the client 139–42

payment for work carried out 76, 141–2

termination of contractor’s employment 218–20

terms of appointment see professional appointments

Third Parties (Rights against Insurers) Act 2010 224

third party agreements 97–8

third party claims 80, 81

third party copyright 96

third party insolvency 132, 133

third party rights (TPRs) 74, 110–15, 161–3, 224

time ‘at large’ 207

time limits see limitation period for actions

tort 20–1, 32–44

traditional procurement 191–3

training 243–4

trespass 32–3

trust accounts 216

‘undertakes’ 104–5

Unfair Contract Terms Act 1977 25

valuation, off-site materials 214

value engineering 95, 107

variations 100

CA authority 210–11

payment for 75

re-submission of planning applications 186

‘warrants’ 104–5

withholding notices see pay less notices