Design Liability in the Construction Industry 5e

This significant update and rewrite of the 4th edition address the range of design liability issues which the construction professional has to face including: Increasing popularity of design & build procurement Two stage tendering and partnering arrangements Technical innovations in construction Intranet and BIM systems changing the way designs are developed and decisions tracked Several well-publicised cases regarding design failures Development of the single European market & forthcoming Services Directive (SIM)

Table of Contents:
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

About the Author :

Sarah Lupton has degrees in architecture and law, and has over 30 years' experience as a partner in the London-based architects' practice of Lupton Stellakis. She combines practice with an academic post at the Welsh School of Architecture, as Professor and director of the MA in Professional Studies. She lectures widely on subjects related to construction law, and is an arbitrator, adjudicator and expert witness. Sarah is a member of many industry and professional committees, and is chair of the CIC Liability Panel, and past chair of the RIBA Presidents Advisory Committee on Dispute Resolution. As well as this publication, she is the author of many books, including a series on standard form construction contracts.