Architects, Engineers and the Law

3. Auflage 2001
ISBN: 978-1-86287-394-0
Verlag: Taylor & Francis

Buch, Englisch, 356 Seiten, Gewicht: 522 g

Constructing a building is a complex legal as well as technical project. Consequently, architectural and engineering practice increasingly demands a sound understanding of planning and commercial law issues. Architects, Engineers & the Law has become the standard reference for architects, engineers and lawyers on the legal aspects of day-to-day architectural and engineering practice. J R Cooke provides clear concise explanations of the legal responsibilities of architects and engineers, and the consequences of the many legal processes and relationships part of the construction process. Twenty-six chapters cover Contracts Tenders Employment relationships Budgets and estimates Progress certificates Statutory planning and building control Restrictions on land use Consent authorities and planning appeal tribunals Moral rights legislation Standards of professional conduct and care Consequences of breaches of professional duty and careArchitects, Engineers & the Law will enable you to proceed confident that you understand the legal responsibilities and consequences of your practice.

Autoren/Hrsg.

Cooke, J R

Fachgebiete

• Geisteswissenschaften Architektur Architektur: Allgemeines
• Technische Wissenschaften Technik Allgemein Technik: Allgemeines

Inhaltsverzeichnis

Contents The Legal System The common law and equity/ The sources of the law/ Interpreting legislation/ Precedents/ Current issues Contracts The formation of the contract: simple contracts and deeds/ Legislation/The terms of the contract/ Waiver and estoppel/ Quasi-contract Liability Apart from Contract Criminal negligence/ Equitable estoppel (restitution)/ Trade Practices Act 1974 (Cth), ss 52 and 53/ Liability in tort Duty of Care The standard of professional skill / Establishing a duty of care/ Professional indemnity insurance Breach of Duty of Care Introduction/ General principles/ Existing knowledge/ Disclosure/ Performance/ Contributory negligence Agency and Employment Agency/ Employment Damages Policy/ Damages in contract/ Damages in tort Limitations of Actions Policy/ When does the limitation period begin? Concurrent Liability Introduction/ Limitation period/ Proof of breach/ Measure of damages Defamation Introduction/ What is defamatory?/ The defences Copyright Legislation / Licence to build Professional Conduct Professional standards/ Trade practices/ The impact of the legislation/ Consumerism Delegation of Design Introduction/ Appointment of consultants/ Design input from other sources Budgets and Estimates Background/ Professional responsibilities Construction Contracts Types of contract/ Forms of contracts Construction Management The traditional system/ Construction management/ Project management Contract Documentation Introduction/ The formation of the contract/ The tender documents/ Theexecution of the contract/ Discrepancies in the documents/ Thespecification/ Writing the specification/ Calling for tenders onpartial documentation Tenders Introduction/ Calling for tenders/ From tender to contract/ Assessing the tenders/ Exceeding the budget Liquidated Damages and Securities Liquidated damages/ Retention and securities Variations Limits of variations/ Administration Progress Certificates Introduction/ Certificates based on defective work/ Under certifyingand over certifying/ Set-offs and deductions/ Paying for unfixedmaterials on or off the site/ Issuing the certificate/ Valuations andcertificates provided under partial services agreements Completion and Effects Introduction/ Extensions of time/ Practical completion/ Defects liability/ The final certificate Determining the Contract Introduction/ Service of notice/ Wrongful repudiation of contract/ Useof contractor's plant and equipment/ Expenditure of retention moneysafter determination Non-Statutory Restrictions on Land Use Land ownership and related restrictions on land use/ Common law rights of landowners Statutory Planning and Building Control Background/ Building regulations / Environmental protection legislationand conditions of approval/ Planning control/ Law and urban design Consent Authorities and Planning Appeal Tribunals Obligations of architects and engineers in dealing with consentauthorities/ Negligence by consent authorities/ Review ofadministrative action of consent authorities/ Appeals Table of Cases/ Table of Statutes/ Bibliography/ Index