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Architect's Legal Handbook - 5th Edition - ISBN: 9780750612197, 9781483141503

Architect's Legal Handbook

5th Edition

The Law for Architects

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Authors: Anthony Speaight Gregory Stone
eBook ISBN: 9781483141503
Imprint: Butterworth-Heinemann
Published Date: 28th November 1990
Page Count: 336
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Architect's Legal Handbook: The Law for Architects, Fifth Edition is a collection of papers including those on International Work by Architects, on European community Law affecting Architects, and the Architects' Professional Indemnity Insurance.
This collection is a comprehensive guideline to laws in England, Scotland, and the European community. This handbook seeks to make architects more aware of where possible legal pitfalls may lurk. Coverage is updated to include changes in English Law, Scottish Law, English Law of Contract, the Law of Tort, Architect's Appointment and Collateral Warranties, Architects' Liability, English and Scottish Land Laws, and the Standard Building Contracts in England. The origins and sources of the laws and the basic principles are explained, which guide the reader into how these are applied in the architects' relations with their clients and clients; contractors. A wider discussion is given on the topic of collateral warranties, incorporation options, and legal organizations such as partnerships and limited companies. Upon the formation of the European Community, institutions and treatises have arisen, so a review of technical harmonization and standards, right of establishment and freedom to provide services, product liability, and consumer protection is provided in order. The international workplace for British architects is also discussed, covering most countries in Europe.
This collection of papers will prove useful for architects and engineers, especially those who want to put up their own architectural firms. The book can be likewise an informative source for architectural students, lawyers, and professors in business and commercial law.

Table of Contents

Editors' Preface


List of Contributors

1 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 Book

2 Introduction to Scots Law

1 Law and Scotland

2 Sources

3 Courts and the Legal Profession

4 Branches of Law

3 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 1980

4 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 Contribution

5 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 Warranties

6 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 Time

7 English Land Law

1 Conveyancing

2 The Extent of Land

3 Easements

4 Restrictive Covenants

5 Landlord and Tenant Covenants

6 Business Tenancies - Architects' Offices

8 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 Property

9 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


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 Contract

10 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 Contract

11 Arbitration

1 Nature of Arbitration

2 Procedure

3 The Award

4 Professional Witnesses In Arbitration

5 Arbitration In Scotland

12 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 Premises

13 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 Considerations

14 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'envoi

15 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 London

16 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 General

17 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 Scotland

18 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 Safety

19 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 Partnerships

20 Architects' Professional Indemnity Insurance

1 Some Basic Insurance Principles

2 Professional Indemnity Insurance Policy

3 Risk Management

21 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 Proposals

22 International Work By Architects

1 Introduction

2 Conflict of Laws

3 Fidic

4 The Future

23 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 Conduct

24 Professional Conduct In Scotland

1 Introduction

2 The Rias Code

3 Intimations

4 Conclusion


Table of Statutes and Statutory Instruments

Table of Cases



No. of pages:
© Butterworth-Heinemann 1990
28th November 1990
eBook ISBN:

About the Authors

Anthony Speaight

Affiliations and Expertise

QC, Barrister, London, UK

Gregory Stone

Ratings and Reviews