Lupton Cornes and Lupton's Design Liability in the Construction Industry

5. Auflage 2013
ISBN: 978-1-4443-6114-8
Verlag: John Wiley & Sons
Format: EPUB
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch, 440 Seiten, E-Book

Liability for the design of a building or structure is offundamental concern to construction professionals, design-buildcontractors, specialist sub-contractors, and lawyers. Althoughother texts cover a wide range of aspects of liability, onlyCornes and Lupton's Design Liability in Constructiondraws together all those matters that relate specifically todesign.
A number of factors have come together recently and areaddressed in this significant update and rewrite of the 4thedition, including:
* popularity of design & build procurement
* partnering arrangements and early contractor involvement
* new standard forms of construction contract and appointment,and revisions to older forms
* technical innovations in construction
* collaborative working and BIM systems
* many well-publicised cases regarding design failures
* significant developments in the law of tort and professionalliability
* the development of the single European market and increasedprovision of services overseas
Together these factors create a new range of design liabilityissues which the construction professional has to face. Written forlawyers, architects, engineers, and contractors, the fifth editionof Design Liability in Construction will also serve as auseful text for masters level courses in engineering, surveying andconstruction law.

Autoren/Hrsg.

Lupton, Sarah

Inhaltsverzeichnis

Acknowledgments
Preface
1 The Industry Context
1.1 What is design?
1.2 Procurement routes
1.3 Who are the designers
2 Liability under Contract
2.1 Formation of contract
2.2 Problems with contract formation
2.3 The terms of a contract
2.4 Exemption clauses
2.5 Privity of contract
2.6 Assignment
3 Law of Tort - Part 1
3.1 Definition of a tort
3.2 Vicarious liability
3.3 Negligence
3.4 1932-1964 historical perspective
3.5 1972-1978 historical perspective
3.6 Anns v London Borough Council
3.7 1983 Junior Books
3.8 1988 D&F estates
3.9 Murphy v Brentwood District Council
4 Law of Tort - Part 2
4.1 Liability for injury and damage to property
4.2 Liability for economic loss
4.3 The complex structure theory after Murphy
4.4 Summary of the position 2011
5 Liability under Statute
5.1 Defective Premises Act 1974
5.2 Building Act 1984
5.3 Health and Safety at Work Act 1974
6 Nature of Liability for Professional Negligence
6.1 Reasonable skill and care
6.2 Application of the test to designers
6.3 Examples of failure to take care - general
6.4 Special skills
6.5 State of the art defence
7 Fitness for Purpose Liability
7.1 Contractor's design obligation
7.2 Reliance and partial reliance
7.3 Consultants and strict liability
8 Duty to Warn
8.1 Contractors duty to warn
9 Duties in Detail
9.1 General designer duties
9.2 Delegation of duties
9.3 Site investigation
9.4 Appraisal and client knowledge
9.5 Design details and technical information
9.6 Innovative and risky design
9.7 Commenting on others design
9.8 Inspection
9.9 Duty to review the design
10 Liability to Third Parties: 'Novation' and Collateral Warranties
10.1 Contract/tort liability
10.2 Architect-contractor liability
10.3 Sub-contractor/employer liability
10.4 Novation
10.5 Warranties
11 Damages
11.1 Compensatory
11.2 Causation
11.3 Contract: remoteness
11.4 Tort: remoteness
11.5 Measure of damages
11.6 Mitigation/reasonable cost
11.7 Damages and designers
11.8 Injunction or damages?
11.9 Diminution in value or cost of remedial work?
11.10 Consequential loss
11.11 Distress
11.12 Betterment and elaborate repair
11.13 Contributory negligence and contribution
12 Limitation
12.1 Statutory periods
12.2 Limitation and contract
12.3 Fraud and concealment - contract
12.4 Limitation and tort
12.5 History of development of the law prior to Pirelli
12.6 Limitation in negligence - the Pirelli decision
12.7 Developments since Pirelli
13 Measures for Limiting Liability
13.1 Using financial caps
13.2 Limiting liability for consequential losses
13.3 Net contribution clauses
14 Standard Forms of Contract
14.1 JCT
14.2 GC Works
14.3 FIDIC
15 Standard Forms of Appointment
15.1 RIBA
15.2 ACA
15.3 ACE
15.4 PPS3
15.5 RICS
16 Professional Indemnity Insurance
16.1 Principles of professional indemnity insurance
16.2 Changing insurers
16.3 Dealing with the claim
16.4 Avoiding disputes with insurers
16.5 PII for design build contracts
16.6 Other types of insurance
17 Design Liability in the EU
18 Design Liability in Other Jurisdictions
Bibliography
Case List
Index

Über Autor(innen)

Sarah Lupton has degrees in architecture and law, and hasover 30 years' experience as a partner in the London-basedarchitects' practice of Lupton Stellakis. She combines practicewith an academic post at the Welsh School of Architecture, asProfessor and director of the MA in Professional Studies. Shelectures widely on subjects related to construction law, and is anarbitrator, adjudicator and expert witness. Sarah is a member ofmany industry and professional committees, and is chair of the CICLiability Panel, and past chair of the RIBA Presidents AdvisoryCommittee on Dispute Resolution. As well as this publication,she is the author of many books, including a series on standardform construction contracts.