Architect's Legal Handbook

Editors' PrefaceAcknowledgementsList of Contributors1 Introduction to English Law 1 The Importance of the Law 2 Sources of the Law 3 Legal History 4 Construction Cases Within the Present System 5 The Scheme of This Book2 Introduction to Scots Law 1 Law and Scotland 2 Sources 3 Courts and the Legal Profession 4 Branches of Law3 The English Law of Contract 1 Introduction 2 Scope of the Law of Contract 3 What Is A Contract? 4 Intention to Create Legal Relations 5 Consideration 6 'Agreement' 7 Terms of A Contract 8 Exclusion Clauses and Ucta 9 Standard Term Contracts 10 Misrepresentation 11 Performance and Breach 12 Privity of Contract and Agency 13 Limitation Under the Limitation Act 19804 The Law of Tort 1 Introduction 2 Nuisance 3 The Rule In Rylands V Fletcher 4 Breach of Statutory Duty 5 The Defective Premises Act 1972 6 Trespass 7 Negligence 8 Limitation 9 Liability of Local Authorities In Respect of Negligence In Building Control 10 Contribution5 Architect's Appointment and Collateral Warranties 1 The Appointment 2 Agreement of Appointment 3 Termination 4 Ownership 5 Conditions of Engagement 6 Speculative Work and Tendering for Architects' Services 7 Collateral Warranties6 Architects' Liability 1 Introduction 2 Liability for Breach of Contract 3 Liability for Carelessness In Contract and In Tort 4 Liability In Contract and In A Tort Compared and Contrasted 5 Statutory Liability 6 Measure of Damages 7 When Liability Is Barred By Lapse of Time7 English Land Law 1 Conveyancing 2 The Extent of Land 3 Easements 4 Restrictive Covenants 5 Landlord and Tenant Covenants 6 Business Tenancies - Architects' Offices8 Scottish Land Law 1 Introduction 2 Corporeal Heritable Property and Feudal Law 3 Other Restrictions of Corporeal Heritable Property 4 Scale of Land and Buildings 5 Incorporeal Heritable Property 6 Corporeal Movable Property 7 Incorporeal Movable Property9 Standard Building Contracts In England Introduction to the Standard Form of Contract 1 Meaning of Terms 2 Documents Currently Published By the Jct 3 Nature of the Standard Form 4 The Commentary The Standard Form of Building Contract, 1980 Edition 5 Articles of Agreement Part 1 Conditions 6 Clause 1: Interpretation, Definitions, Etc. 7 Clause 2: Contractor's Obligations 8 Clause 3: Contract Sum - Additions Or Deductions - Adjustment - Interim Certificate 9 Clause 4: Architect's/Supervising Officer's Instructions 10 Clause 5: Contract Documents - Other Documents - Issue of Certificates 11 Clause 6: Statutory Obligations, Notices, Fees and Charges 12 Clause 7: Levels and Setting Out of the Works 13 Clause 8: Materials, Goods and Workmanship to Conform to Description, Testing and Inspection 14 Clause 9: Royalties and Patent Rights 15 Clause 10: Person In Charge 16 Clause 11: Access for Architect/Supervising Officer to the Works 17 Clause 12: Clerk of Works 18 Clause 13: Variations and Provisional Sums 19 Clause 14: Contract Sum 20 Clause 15: Value Added Tax - Supplementary Provisions 21 Clause 16: Materials and Goods Unfixed Or Off-Site 22 Clause 17: Practical Completion and Defects Liability 23 Clause 18: Partial Possession By Employer 24 Clause 19: Assignment and Sub-Contracts 25 Clause 19a: Fair Wages 26 Clause 20: Injury to Persons and Property and Employer's Indemnity 27 Clause 21: Insurance Against Injury to Persons and Property; Clause 22: Insurance of the Works Against Clause Perils 28 Clause 23: Date of Possession, Completion and Postponement 29 Clause 24: Damages for Non-Completion 30 Clause 25: Extension of Time 31 Clause 26: Loss and Expense Caused By Matters Materially Affecting Regular Progress of the Works 32 Clause 27: Determination By Employer 33 Clause 28: Determination By Contractor 34 Clause 29: Works By Employer Or Persons Employed Or Engaged By Employer 35 Clause 30: Certificates and Payments 36 Clause 31: Finance (No. 2) Act 1975 - Statutory Tax Deduction Scheme 37 Clause 32: Outbreak of Hostilities Clause 33: War Damage 38 Clause 34: Antiquities Part 2 Nominated Sub-Contractors and Suppliers 39 Clause 35: Nominated Sub-Contractors 40 Clause 36: Nominated Suppliers Part 3 Fluctuations 41 Clauses 37 to 40 The Sub-Contract Documents: Nsc/1, Nsc/2, Nsc/2a, Nsc/3 42 Jct Standard Form of Nominated Sub-Contract Tender and Agreement (Tender Nsc/1) 43 Jct Standard Form of Employer/Nominated Subcontractor Agreement (Agreement Nsc/2) 44 Jct Standard Form of Employer/Nominated Subcontractor Agreement (Agreement Nsc/2a) 45 Jct Standard Form of Nomination of Subcontractor Where Tender Nsc/1 Has Been Used (Nomination Nsc/3) 46 Jct Standard Form of Tender By Nominated Supplier (Tns/1) and Warranty By A Nominated Supplier (Tns/2) Jct Nominated Sub-Contract Nsc/4 47 Nature of the Sub-Contract Form 48 Articles of Agreement Conditions 49 Clause 1: Interpretation, Definitions, Etc. 50 Clause 2: Sub-Contract Documents 51 Clause 3: Sub-Contract Sum - Additions Or Deductions - Computation of Ascertained Final Sub-Contract Sum 52 Clause 4: Execution of the Sub-Contract Works - Instructions of Architect - Directions of Contractor 53 Clause 5: Sub-Contractor's Liability Under Incorporated Provisions of the Main Contract 54 Clause 6: Injury to Persons and Property - Indemnity to Contractor 55 Clause 8 56 Clause 9: Policies of Insurance 57 Clause 10 58 Clause 11: Sub-Contractor's Obligation - Carrying Out and Completion of Sub-Contract Works - Extension of Sub-Contract Time Clause 12: Failure of Sub-Contractor to Complete On Time 59 Clause 13: Matters Affecting Regular Progress - Direct Loss And/Or Expense - Contractor's and Sub-Contractor's Rights 60 Clause 14: Practical Completion of Sub-Contract Works - Liability for Defects 61 Clause 15: Price for Sub-Contract Works 62 Clause 16: Valuation of Variations and Provisional Sum Work 63 Clause 17: Valuation of All Work Comprising the Sub-Contract Work 64 Clause 18: Bills of Quantities - Standard Method of Measurement 65 Clause 19a: Value Added Tax Clause 19b: Value Added Tax - Special Arrangement -Vat (General) Regulations 1972, Regulations 8(3) and 21 66 Clause 20a: Finance (No. 2) Act 1975 - Tax Deduction Scheme Clause 20b: Finance (No. 2) Act 1975 - Tax Deduction Scheme - Sub-Contractor Not User of A Current Tax Certificate 67 Clause 21: Payment of Sub-Contractor 68 Clause 22: Benefits Under Main Contract 69 Clause 23: Contractor's Right to Set-Off 70 Clause 24: Contractor's Claims Not Agreed By the Sub-Contractor - Appointment of Adjudicator 71 Clause 25: Right of Access of Contractor and Architect 72 Clause 26: Assignment-Sub-Letting 73 Clause 27: General Attendance - Other Attendance, Etc. 74 Clause 28: Contractor and Sub-Contractor Not to Make Wrongful Use of Or Interfere With the Property of the Other 75 Clause 29: Determination of the Employment of the Sub-Contractor By the Contractor 76 Clause 30: Determination of Employment Under the Sub-Contract By the Sub-Contractor 77 Clause 31: Determination of the Main Contractor's Employment Under the Main Contract 78 Clause 32: Fair Wages 79 Clause 33: Strikes - Loss Or Expense 80 Clause 34: Choice of Fluctuation Provisions - Tender, Schedule 1, Item 2 Clause 35: Contribution, Levy and Tax Fluctuations Clause 36: Labour and Materials Cost and Tax Fluctuations Clause 37: Formula Adjustment Clause 38 81 Collateral Warranties 82 Other Standard Forms 83 Jct Fixed Fee Form of Prime Cost Contract 84 Jct Management Contract 1987 Edition 85 Jct Standard Form of Contract With Contractor's Design 86 Intermediate Form of Contract Ifc/84 87 Jct Agreement for Minor Building Works 88 Ice Form - for Civil Engineering Work 89 Aca Forms of Contract10 Building Contracts In Scotland 1 Introduction 2 The Building Contract 3 The Scottish Supplement - Appendix I 4 The Scottish Supplement - Appendix Ii 5 Different Editions of the Standard Form 6 Nominated Sub-Contracts 7 The Alternative Method of Nomination 8 Scottish Minor Works Contract 9 Sub-Contracts for Domestic Sub-Contractors 10 Scottish Management Contract 11 Scottish Measured Term Contract11 Arbitration 1 Nature of Arbitration 2 Procedure 3 The Award 4 Professional Witnesses In Arbitration 5 Arbitration In Scotland12 Statutory Authorities In England and Wales 1 Introduction 2 Connections to Services - Statutory Undertakers 3 Private Streets 4 Grants 5 Housing Associations and Societies 6 Special Premises13 Statutory Authorities In Scotland 1 Introduction: Local Government In Scotland 2 Connection to Services 3 Private Streets and Footpaths 4 Grants 5 Housing Associations 6 Special Considerations14 Planning Law 1 Introduction 2 Local Planning Authorities; Or Who Is to Deal With Planning Applications 3 The Meaning of Development 4 Control of Development In General 5 Buildings of Special Architectural Or Historic Interest - Listed Buildings 6 Urban Development Corporations; Enterprise Zones; Simplified Planning Zones 7 Enforcement of Planning Control 8 L'envoi15 Construction Regulations In England and Wales 1 Building Acts and Regulations 2 The Building Regulations 1985 3 Private Certification 4 Exemptions From Control 5 Other Controls Under the Building Act 6 Other National Legislation 7 Building Control In Inner London 8 Local Legislation Outside London16 Construction Regulations In Scotland 1 Introduction 2 Building (Scotland) Acts 1959 and 1970 3 Building Standards (Scotland) Regulations 1981 to 1987 4 Other National Legislation Affecting Building 5 General17 Copyright 1 The Basic Rules of Copyright 2 Protection Under the Copyright Designs and Patents Act 1988 3 Qualification 4 Publication 5 Ownership 6 Exceptions From Infringement of Architect's Copyright 7 Infringement 8 Licenses 9 Remedies for Infringement 10 Industrial Designs 11 Moral Rights 12 Law of Copyright In Scotland18 Architects and the Law of Employment 1 Sources and Institutions 2 The Contract of Employment 3 Dismissal 4 Collective Labor Relations Law 5 Health and Safety19 Legal Organization of Architects' Offices 1 Running An Architectural Business 2 Partnership 3 Limited Partnerships 4 Companies 5 Premises and Persons 6 Insurance 7 Differences Between English and Scots Law Partnerships20 Architects' Professional Indemnity Insurance 1 Some Basic Insurance Principles 2 Professional Indemnity Insurance Policy 3 Risk Management21 European Community Law Affecting Architects 1 The European Community and Its Institutions 2 The Treaties 3 Public Procurement 4 Technical Harmonization and Standards 5 Right of Establishment and Freedom to Provide Services - The Architects Directive 85/384 Eec 6 The Product Liability Directive 85/374 and the Consumer Protection Act 1987 7 Safety and Health Requirements of Workplaces Directives 89/391/Eec 8 Other Proposals22 International Work By Architects 1 Introduction 2 Conflict of Laws 3 Fidic 4 The Future23 Professional Conduct In England 1 The Nature of Professionalism In Architecture 2 Codes of Professional Conduct 3 Arcuk Guidelines 4 The Rib A Code of Conduct24 Professional Conduct In Scotland 1 Introduction 2 The Rias Code 3 Intimations 4 Conclusion Bibliography Table of Statutes and Statutory Instruments Table of Cases Index