Architect’s Legal Handbook: The Law for Architects

Cover
Half Title
Series Page
Title Page
Copyright Page
Table of Contents
Foreword
Editor's preface
Acknowledgements
List of Contributors
Part A General principles of law
	Chapter 1 Introduction to English law
		1 The importance of law
		2 The place of English law
		3 Sources of English law
		4 English legal history
		5 The scheme of this book
	Chapter 2 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 the prevention of unfair terms
		9 Standard forms of contracts
		10 Misrepresentation
		11 Variation, novation, and assignment
		12 Performance and breach
		13 Rights for those who are not contracting parties
		14 Agency
		15 Limitation under the Limitation Act 1980
	Chapter 3 The English law of tort
		1 Introduction
		2 Negligence
		3 The Defective Premises Act 1972
		4 Nuisance
		5 The rule in Rylands v Fletcher
		6 Trespass
		7 Breach of statutory duty
		8 Inducing breach of contract/wrongful interference with contract
		9 Limitation periods
		10 Remedies
		11 Apportionment of liability
		12 Conclusion
	Chapter 4 English land law
		1 Land law and conveyancing distinguished
		2 The extent and meaning of ‘land’ and intrusions upon it
		3 Easements
		4 Restrictive covenants
		5 Landlord and tenant
		6 Surveys of property to be purchased
		7 Mortgages
		8 Business tenancies – architects’ offices
		9 Estoppel
	Chapter 5 Introduction to Scots law
		1 Scots law: a distinct legal system
		2 Historical context
		3 Modern context: devolution
		4 Scotland and European law
		5 Scotland and human rights
		6 Categorisation of Scots law
		7 Sources of Scots law
		8 The court structure
		9 Branches of Scots law
		10 Limitation of actions/prescription
		11 Choice of law
		12 Jurisdiction
	Chapter 6 Scots land law
		1 Introduction
		2 Rights: real and personal
		3 Classification of property
		4 Land ownership
		5 Sale of land and buildings
		6 Land registration
		7 Title conditions: servitudes and real burdens
		8 Access rights
		9 Tenements
		10 Boundary walls and support
		11 Nuisance
		12 Other restrictions on heritable property
		13 Leases
Part B Statutory framework
	Chapter 7 Statutory authorities in England and Wales
		1 Local government
		2 Other statutory bodies
		3 Statutory undertakers: connections to services
		4 Private streets
		5 Grants
		6 Housing associations and societies
		7 Special premises
	Chapter 8 Statutory authorities in Scotland
		1 Introduction: public administration in Scotland
		2 Connections to sewerage and water services
		3 Private streets and footpaths
		4 Grants
		5 Registered social landlords
		6 Special considerations
	Chapter 9 Construction legislation in England and Wales
		1 Building Acts and Regulations
		2 The Building Regulations 2010
		3 Control of building work other than by the local authority
		4 Exemptions from control
		5 Other controls under the Building Act 1984
		6 Local legislation in Inner London
		7 Local legislation outside Inner London
		8 Other national legislation
		9 Technical harmonisation and standards
		10 Fire safety: historical background
		11 Fire safety and the Building Regulations 2010
		12 Fire safety and amendments to Building Regulations
		13 Fire safety: guidance documents
		14 Fire safety: alternative design guidance documents
		15 Fire safety: local legislation in Inner London
		16 Fire safety: local legislation outside Inner London
		17 Fire safety: other national legislation
		18 Fire safety on construction sites
		19 Future legislation
	Chapter 10 Building Regulations in Scotland
		1 Introduction
		2 Outline of Building (Scotland) Act 2003
		3 Building (Procedure) (Scotland) Regulations and subsequent amendment
		4 Building (Forms) (Scotland) Regulations 2005 and subsequent amendments
		5 The Building (Fees) (Scotland) Regulations 2004 and subsequent amendment
		6 Building (Scotland) Regulations 2004 and subsequent amendments
		7 Other national legislation affecting building
		8 Building standards in Scotland: current legislation
	Chapter 11 Planning law in England and Wales
		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 historical interest – listed buildings
		6 Urban Development Corporations; Simplified Planning Zones
		7 Enforcement of planning control
	Chapter 12 Planning law in Scotland
		1 Introduction
		2 Planning Authorities
		3 Meaning of Development
		4 Control of development
		5 Listed buildings
		6 Enterprise Zones, Simplified Planning Zones and Business Improvement Districts
		7 Enforcement of planning control
		8 The implementation of the 2019 Act
	Chapter 13 Public procurement under European Union law
		1 The procurement regime
		2 The Public Sector Directive
		3 The Utilities Directive: a brief overview
		4 The Concessions Directive: brief overview
		5 The Defence Directive: brief overview
	Chapter 14 Party walls
		1 The Party Wall etc. Act 1996
		2 Definitions
		3 Notices
		4 The surveyors
		5 The award
		6 The building owner’s rights
		7 Boundary structures in Scotland
	Chapter 15 Health and Safety law affecting architects
		1 Introduction
		2 A brief history
		3 What architects need to know: key areas
		4 Existing health and safety position
		5 Essential health and safety touchstone summary
		6 Application to particular situations
		7 Conclusion
Part C Building contracts
	Chapter 16 Introduction to procurement methods in construction
		1 Introduction
		2 Complexity
		3 Client expertise
		4 Commercial drivers
		5 Other factors affecting choice of procurement method
		6 Procurement options
		7 Common pricing mechanisms
		8 Which contract?
		9 Conclusion
	Chapter 17 The JCT Standard Building Contract
		1 Articles of Agreement
		2 Section 1: definitions and interpretation
		3 Section 2: carrying out the works
		4 Section 3: control of the works
		5 Section 4: payment
		6 Section 5: variations
		7 Section 6: injury, damage, and insurance
		8 Section 7: assignment, performance bonds and guarantees, Third Party Rights, and collateral warranties
		9 Section 8: termination
		10 Section 9: settlement of disputes
		11 The Schedules
	Chapter 18 The NEC4 Engineering and Construction Contract and related Architects’ forms
		1 Introduction
		2 NEC4 Professional Services Contract
		3 The parties’ main responsibilities
		4 Quality management
		5 Payment
		6 Compensation events
		7 Rights of material
		8 Liabilities and insurance
		9 Termination
		10 Contract data
		11 Comparison with RIBA Standard Professional Services Contract 2018
	Chapter 19 The FIDIC contract
		1 Introduction
		2 The FIDIC forms
		3 The content of the FIDIC Rainbow Suite –the standard clauses
		4 Claims
		5 The engineer’s duties
		6 The road to dispute avoidance
		7 The FIDIC Golden Principles
		8 Building Information Modelling
	Chapter 20 Other standard forms of building contract
		1 Introduction
		2 ACA Forms of Contract
		3 ICC forms of contract
		4 RIBA forms of contract
		5 IChemE forms of contract
		6 IMechE/IET forms of contract
		7 ACE Forms of Contract
		8 CECA Forms of Contract
		9 Building contracts in Scotland*
	Chapter 21 Contractor and sub-contractor collateral warranties and third party rights
		1 The privity rule
		2 What is a collateral warranty?
		3 Contracts (Rights of Third Parties) Act 1999
		4 Why are collateral warranties/third party rights so important?
		5 Who needs the benefit of collateral warranties/third party rights?
		6 JCT 2016: who should provide collateral warranties/third party rights?
		7 JCT 2016: key clauses of Contractor collateral warranties
		8 JCT 2016: sub-contractor collateral warranties
	Chapter 22 The Construction Act Payment Rules
		1 Introduction
		2 The background to the legislation
		3 To which contracts does the HGCRA apply?
		4 Contracts excluded from the payment provisions
		5 The payment provisions in detail
		6 The right to suspend performance for non-payment
		7 ‘Pay when paid’ clauses
		8 Interest on late payment of debts
Part D Building dispute resolution
	Chapter 23 Adjudication
		1 What is adjudication?
		2 To which contracts does it apply?
		3 Excluded construction contracts
		4 The terms required by the HGCRA
		5 Contractual adjudications
		6 Notice of adjudication
		7 The ‘dispute’
		8 Multiple disputes
		9 Does the dispute arise ‘under’ the contract?
		10 Appointment of an adjudicator
		11 The referral notice
		12 Procedure after the referral notice
		13 The response to the referral notice
		14 Confidentiality
		15 Resignation, revocation, and abandonment
		16 The decision
		17 Fees and costs
		18 Enforcement
		19 Ineffective defences to enforcement proceedings in the TCC
		20 Jurisdictional defences to enforcement proceedings
		21 Natural justice defences to enforcement proceedings
		22 Severance
		23 Getting a final answer
	Chapter 24 Litigation
		1 Methods of dispute resolution
		2 Litigation in England and Wales
		3 Litigation in Scotland
	Chapter 25 Arbitration
		1 What is arbitration?
		2 The relevance of arbitration law to architects
		3 The purpose of this chapter
		4 The Arbitration Act 1996
		5 The importance of deciding whether a process is or is not ‘arbitration’
		6 The advantages and disadvantages of arbitration compared with litigation in court
		7 The arbitration agreement
		8 The jurisdiction of the arbitration tribunal
		9 Who decides where the tribunal has jurisdiction?
		10 The composition of the arbitration tribunal
		11 The number of arbitrators
		12 The qualifications of arbitrators
		13 Appointment of the tribunal in multiparty disputes
		14 Prescribing the arbitration procedure
		15 Other provisions which may be found in arbitration agreements
		16 How to commence arbitration proceedings
		17 Arbitration procedure or rules
		18 The general duty of the parties
		19 Definition of the issues
		20 The exchange of information and evidence
		21 Evidence of fact and expert evidence
		22 The arbitration hearing
		23 The award
		24 Costs
		25 The power of the tribunal in the case of a party’s default
		26 Arbitration procedures found in construction industry cases
		27 The role of the courts in arbitration proceedings
		28 Powers to enforce the arbitration agreement – ‘staying’ of court proceedings in favour of arbitration
		29 The court’s powers exercisable in support of the arbitration process
		30 Enforcement of arbitration awards
		31 The court’s powers to supervise the arbitration process
		32 Appeals on points of law
		33 The architect as arbitrator
		34 The architect as expert witness
	Chapter 26 International arbitration
		1 Introduction
		2 Factors relevant to the choice of international arbitration
		3 The agreement to arbitrate
		4 Procedure in international arbitration
		5 Interim measures in international arbitrations
		6 Evidence in international arbitration
		7 International arbitration awards – recognition, challenges, and enforcement
		8 Costs in international arbitration
	Chapter 27 Mediation
		1 What is mediation?
		2 Background
		3 Agreeing to mediate
		4 The correct time to mediate
		5 Selecting a mediator
		6 Costs of the mediation
		7 Confidentiality and privilege
		8 Preparation for the mediation
		9 The mediation
		10 Settlement
		11 Advantages and disadvantages
		12 Online mediation
	Chapter 28 Building dispute resolution in Scotland
		1 Arbitration in Scotland
		2 Adjudication in Scotland
Part E The architect in practice
	Chapter 29 Legal organisation of architects’ offices
		1 Managing an architectural business
		2 Partnership
		3 Limited liability partnerships
		4 Companies
		5 Premises and persons
		6 Insurance
		7 Scottish postscript
	Chapter 30 Architects’ contracts with clients
		1 The appointment
		2 Agreement of appointment
		3 Termination
		4 Ownership
		5 Professional Services Contracts for use by architects
		6 Speculative work and tendering for architects’ services
		7 Appointments required by statute
		8 Scottish appointments*
	Chapter 31 Architects’ collateral warranties
		1 Architects and collateral warranties
		2 The obligation to provide collateral warranties/third party rights
		3 The terms of collateral warranties: CIC/ConsWa/P&T
		4 The terms of collateral warranties: CIC/ConsWa/F
		5 Practical advice
	Chapter 32 Architects’ responsibility for the work of others
		1 Introduction
		2 To whom does an architect owe a duty?
		3 Responsibility for the work of others
		4 Minimising the risks
	Chapter 33 Architects’ liability
		1 Introduction
		2 Other professional liability
		3 Liability for professional negligence
		4 Scope of the obligation of reasonable care and skill
		5 Breach of the obligation of reasonable care and skill: pre-construction work stages
		6 Breach of the obligation of reasonable care and skill: construction work stages
		7 Damages
		8 Sharing liability for professional negligence with others
		9 When liability for professional negligence is barred by lapse of time
		10 Liability in Scots law
	Chapter 34 Professional disciplinary proceedings
		1 Introduction
		2 Disciplinary proceedings under the ARB and RIBA rules – introduction
		3 ARB disciplinary proceedings
		4 RIBA disciplinary proceedings
		5 What you can do
	Chapter 35 Architects’ professional indemnity insurance
		1 Why be insured?
		2 Some basic insurance principles
		3 Professional indemnity insurance policies
		4 Risk management
	Chapter 36 Copyright and design protection
		1 Copyright
		2 Protection for architectural works under the Act
		3 Qualification for protection
		4 Publication
		5 Ownership
		6 Exceptions to infringement of architects' copyright
		7 Infringement
		8 Licenses
		9 Remedies for infringement
		10 UK Design Law
		11 EU Design Law
		12 Moral Rights
		13 Law of copyright in Scotland and Northern Ireland
	Chapter 37 Data protection
		1 Introduction
		2 Overview of Data Protection Law
		3 Enforcement
		4 Application of the law: common scenarios
	Chapter 38 Architects’ registration
		1 The nature of professionalism in architecture
		2 Architects' registration
		3 Eligibility for registration
	Chapter 39 Professional conduct of architects
		1 Codes of professional conduct
		2 ARB code of conduct
		3 RIBA Code of Professional Conduct.
		4 Statement of professional conduct of the Royal Incorporation of Architects in Scotland (RIAS)
Table of Statutes and Statutory Instruments
Table of Cases
Table of Legislation
Index