Professional Negligence in Construction

With the emphasis on the practical aspects of professional negligence in the construction industry and written in a straightforward yet authoritative way, this book is ideal for lawyers and students of construction and law as well as ...

Professional Negligence in Construction

Author:

Publisher: Routledge

ISBN: 1134436629

Page: 184

View: 714

What is professional negligence? What are the obligations of construction professionals in contract and in tort? In what circumstances might the difference between the obligations be important? These questions are of crucial importance not only to construction lawyers but also to contractors, architects, quantity surveyors, engineers, project managers, and multi disciplinary practices. With the emphasis on the practical aspects of professional negligence in the construction industry and written in a straightforward yet authoritative way, this book is ideal for lawyers and students of construction and law as well as construction professionals at all levels.

Professional Negligence in the Construction Industry

This book should be of value in assisting the professional in the construction industry to avoid and handle claims.

Professional Negligence in the Construction Industry

Author: Neil F. Jones & Co

Publisher: Informa Pub

ISBN: 9781859788288

Page: 276

View: 752

Dealing with the liability of professionals in the construction industry, this self-contained work on negligence concentrates upon provisions which were introduced by the Housing Grants, Construction and Regeneration Act 1996. The construction industry continues to litigate increasingly and the law of negligence has developed rapidly in recent years. The likelihood of negligence claims arising between parties of a construction project has increased by the current proliferation of building projects. This book should be of value in assisting the professional in the construction industry to avoid and handle claims.

Professional Negligence in Construction

With an emphasis on the practical aspects of professional negligence in the construction industry and written in a straightforward yet authoritative way, this book is ideal for lawyers and students of construction and law as well as ...

Professional Negligence in Construction

Author: BEN. SAUNDERS PATTEN (HUGH.)

Publisher: Routledge

ISBN: 9780367734770

Page: 190

View: 355

What is professional negligence? What are the obligations of construction professionals in contract and in tort? In what circumstances might the difference between the obligations be important? These questions are of crucial importance not only to construction lawyers but also to contractors, architects, quantity surveyors, engineers, project managers, and multi-disciplinary practitioners. With an emphasis on the practical aspects of professional negligence in the construction industry and written in a straightforward yet authoritative way, this book is ideal for lawyers and students of construction and law as well as construction professionals at all levels.

Professional Negligence in Construction

... of what is meant by “negligence” and the circumstances in which it will and will
not be found to have occurred, the book is really concerned with liability: when
and in what circumstances will a “construction professional” be liable to its client?

Professional Negligence in Construction

Author: Ben Patten

Publisher: Routledge

ISBN: 1351372874

Page: 190

View: 725

What is professional negligence? What are the obligations of construction professionals in contract and in tort? In what circumstances might the difference between the obligations be important? These questions are of crucial importance not only to construction lawyers but also to contractors, architects, quantity surveyors, engineers, project managers, and multi-disciplinary practitioners. With an emphasis on the practical aspects of professional negligence in the construction industry and written in a straightforward yet authoritative way, this book is ideal for lawyers and students of construction and law as well as construction professionals at all levels.

A State by state Guide to Construction Design Law

Construction. Professionals. Generally. 7. Professional. Negligence. and. Special
. Skills. If a professional's allegedly negligent action requires the actor to exercise
professional skill and judgment to comply with a standard of conduct within the ...

A State by state Guide to Construction   Design Law

Author: Carl J. Circo

Publisher: American Bar Association

ISBN: 9781604425543

Page: 1158

View: 490

This is THE book you need if you're involved in multi-state construction and design projects. It outlines essential information about design and construction law and contracting in all 50 states plus DC and Puerto Rico. Information follows a standard format, offering quick comparisons of how different jurisdictions treat the same issue. Topics include licensing and regulation; mechanic's liens; financing; consumer protection; ADR; environmental matters; and statutory and case law governing contracting practices.

Essentials of Tort Law for Construction Students and Professionals

In this book an effort is made to serve the needs of construction students and professionals. This Book has discussed various premises of law of tort including tortuous liabilities in international construction.

Essentials of Tort Law for Construction Students and Professionals

Author: Wazir Khan

Publisher: Independently Published

ISBN: 9781731533609

Page: 182

View: 782

In international construction, most constructional projects require the input of a number of professionals, each of whom have a different role to play in the process, from design to construction, thereby each professional has a duty of skill and care. Also, the process necessarily involves the input of non-professionals (such as building contractors), each of whom will have an important role to play in getting the building project from design stage through procurement, construction to completion of the finished project. At each and every stage of the process, there is a risk that something may go wrong, as a result of the negligence of one or more of those involved, leading to financial loss and the burden of putting the damage right. In those circumstances, establishing who is to blame. Since torts can be intentional, negligent, or strict liability, therefore, employers must be aware that in many circumstances, their employees may create liability in Tort, which may have damaging impact on the operation of the enterprise. In recent years numerous books have been published on the law of torts, but most of them are written aiming for the legal students and professionals and most of them devoid of serving the needs of the construction industry both nationally and international. In this book an effort is made to serve the needs of construction students and professionals. This Book has discussed various premises of law of tort including tortuous liabilities in international construction. The book consists of 17 Chapters and supported with Bibliography.Chapter 3 consists of general principles of tortious liability. Chapter 4 consists of negligence - duty of care. Chapter 5 consists of negligence - breach of duty. Chapter 6 consists of negligence - causation and remoteness negligence. Chapter 7 consists of employers' liability. Chapter 8 consists of liability for land and premises. Chapter 9 consists of trespass to land. Chapter 10 consists of Rylands v Fletcher. Chapter 11 consists of Vicarious Liability. Chapter 12 consists of Remedies In Tort. Chapter 13 Consists of Liability In Tort In Construction Contracts. Chapter 14 consists of Professional Negligence In Construction. Chapter 15 consists of Summary and Conclusion. The Book is supported with Bibliography.

Design Professional and Construction Manager Law

The court held that by Florida statute, engineers are to be grouped with other
professionals, such as attorneys, physicians, and accountants, and may not avoid
personal liability for "professional malpractice." The court further ruled that the ...

Design Professional and Construction Manager Law

Author: Stephen A. Hess

Publisher: American Bar Association

ISBN: 9781590317860

Page: 644

View: 782

Construction Law Update 2013

Unfortunately, however, the cause of a collapse is often uncertain and could be
attributable to negligent work of the ... or by inherent design flaws attributable to
the professional negligence of the project architect, the structural engineer, the ...

Construction Law Update 2013

Author: Sweeney

Publisher: CCH Incorporated

ISBN: 1454826932

Page: 718

View: 264

For the past twenty one years, legal and business professionals in the construction law industry have eagerly anticipated the annual release of this best-selling guide. The Construction Law Update chronicles and communicates changes in the construction law industry. Comprised of 14 informative chapters -- each written by an expert or experts in the field -- the 2013 Edition offers these contributing authors' timely, practical analysis on many current issues in the construction law industry. Construction Law Update brings you up-to-date with new developments impacting six major geographical regions of the United States: Southeast, Northeast, Southwest, West, Northwest, and Midwest. For these regions, you'll discover what's happening in vital areas like: New legislation affecting payment obligations Bidding rights and obligations Contractual rights and obligations Bonds and liens Insurance and sureties Building Code issues Arbitration And more!

Professional Negligence Litigation in Practice

This manual examines the law relating to solicitors' and clinical negligence disputes.

Professional Negligence Litigation in Practice

Author: City Law School

Publisher: Oxford University Press, USA

ISBN: 0199579210

Page: 231

View: 707

Professional Negligence Litigation in Practice has been specifically written to provide students with a detailed introduction to the complex legal issues surrounding professional negligence disputes. Concentrating on two specific areas of professional negligence; clinical negligence and solicitors' negligence, this manual examines and provides practical guidance on how such a case might be most effectively prepared and presented. Split into five distinct parts; the first part of the manual covers selected areas of the substantive law as it relates to professional negligence cases, building on students' existing knowledge of the Civil Procedural Rules and examining the pre-action protocols and the role of the case management conference. Part III reflects the pragmatic approach adopted by the manual, and has been specifically designed to develop students' drafting skills to the advanced level required in professional negligence cases. The final part of the manual focuses on providing students with an introduction to the key people and bodies whom they will commonly encounter in this area of practice. It also provides consideration of the availability and impact of funding arrangements on professional negligence cases and alternative dispute resolution. This manual will be an invaluable guide for students wishing to practice in civil common law chambers, particularly in the areas of professional negligence or personal injury.

Smith Currie and Hancock s Common Sense Construction Law

Every professional liability insurance policy contains language that limits or
defines the scope of coverage. Professional liability insurance policies are very
specific as to the negligent acts that are covered. Design professionals risk being
 ...

Smith  Currie and Hancock s Common Sense Construction Law

Author: Thomas J. Kelleher, Jr.

Publisher: John Wiley & Sons

ISBN: 1118858158

Page: 896

View: 967

Cut through the legalese to truly understand construction law Smith, Currie & Hancock's Common Sense Construction Law is a guide for non-lawyers, presenting a practical introduction to the significant legal topics and questions affecting the construction industry. Now in its fifth edition, this useful guide has been updated to reflect the most current developments in the field, with new information on Public Private Partnerships, international construction projects, and more. Readers will find full guidance toward the new forms being produced by the AIA, AGC, and EJDC, including a full review, comparison to the old forms, areas of concern, and advice for transitioning to the new forms. The companion website features samples of these documents for ease of reference, and end of chapter summaries and checklists help readers make use of the concepts in practice. The updated instructor support material includes scenario exercises, sample curriculum, student problems, and notes highlighting the key points student responses should contain. Construction is one of the nation's single largest industries, but its fractured nature and vast economic performance leave it heavily dependent upon construction law for proper functioning. This book is a plain-English guide to how state and federal law affects the business, with practical advice on avoiding disputes and liability. Understand construction law without wading through legal theory Get information on an emerging method of funding large-scale projects Parse the complexities presented by international and overseas projects Migrate to the new AIA, AGC, and EJDC forms smoothly and confidently This book doesn't cover legal theory or serve as a lawyer's guide to case law and commentary – its strength is the clear, unaffected common-sense approach that caters to the construction professional's perspective. For a better understanding of construction law, Smith, Currie & Hancock's Common Sense Construction Law is an efficient reference.

The Construction Contracts Book

Mr. Brennan concentrates his practice in advising owners, designers, and
contractors on risk management in the construction process; prosecuting and
defending construction claims including professional negligence, and delay
claims; ...

The Construction Contracts Book

Author: Daniel S. Brennan

Publisher: American Bar Association

ISBN: 9781604422559

Page: 373

View: 732

Most construction lawyers are familiar with the American Institute of Architects (AIA), Engineers Joint Contract Documents Committee (EJCDC) forms of agreements, and the newer ConsensusDOCS forms. The ConsensusDocs forms replace many of the forms previously issued by the Associated General Contractors of America (AGC). Now completely revised, this invaluable resource offers a topic-by-topic comparison of these forms by providing: An easy-reference guide to how the AIA, ConsensusDOCS and EJCDC forms treat the most significant issues in owner/contractor/subcontractor and owner/design professional agreements Proposed alternative language for situations where the form contract approach may not provide the best solution List comparing the most significant provisions from each of these forms (on the CD-ROM)"

Value Management of Construction Projects

The Institute of Value Management, encompassing construction as well as other
industry sectors, has ... This will bring with it issues of liability and professional
negligence, which is the subject of the next section. Liability and professional ...

Value Management of Construction Projects

Author: John Kelly

Publisher: John Wiley & Sons

ISBN: 1118355148

Page: 568

View: 814

Value Management is a philosophy, set of principles and a structured management methodology for improving organisational decision-making and value-for-money. The second edition builds on the success of the first edition by extending the integrated value philosophy, methodology and tool kit to describe the application of Value Management to the areas of service delivery, asset management, and, Programmes, in addition to Projects, products and processes. Value Management is a well-established methodology in the international construction industry, and in the UK has been endorsed as good practice in a range of government sponsored reports. In this book the authors have addressed the practical opportunities and difficulties of Value Management by synthesising the background, international developments, benchmarking and their own extensive consultancy and action research experience in Value Management to provide a comprehensive package of theory and practice. The second edition retains the structure of the first edition, covering methods and practices, frameworks of value and the future of value management. It has been thoroughly updated, and a number of new chapters added to encapsulate further extensions to current theory and practice. In particular, the new edition responds to: A range of recent UK industry and government publications; and most notably BS EN 16271:2012 - Value management: Functional expression of the need and functional performance specification; the imminent update of BS EN 12973:2000 Value Management; BS EN 1325 Value Management – Vocabulary, Terms and definitions; the changes to "Value for Europe" governing the training and certification of Value Management in European Union countries; the UK Government’s Management of Value (MoV) initiative, together with other leading reports, international guidance and standards on Value Management. Research in Value Management undertaken since publication of the first edition. Changes in Value Management practice particularly in Programmes and Projects. Developments in the theory of value, principally value for money measures, whole life value option appraisal, and benefits realisation. Initiatives in asset management initiatives covering the management of physical infrastructure, for example the recent launch of a suite of three standards under the generic title of BS ISO 55000: 2014 Asset Management, and its predecessor BSI PAS55 2008 “Asset Management: Specification For The Optimized Management Of Physical Assets” The second edition contains a dedicated chapter of exemplar case studies drawn from the authors’ experience, selected to demonstrate the new areas of theory and practice. An Appendix includes an extensive set of tools and techniques of use in Value Management practice. Construction clients, including those in both the public and private sectors, and professionals such as construction cost consultants, quantity surveyors, architects, asset managers, construction engineers, and construction managers will all find Value Management of Construction Projects to be essential reading. It will also be of interest to researchers and students on construction related courses in Higher Education – particularly those at final year undergraduate and at Masters level.

Tolley s Professional Negligence

... such as McConnell v Lynch - Robinson ' where an architect liable to his
employer for negligent supervision was unable to claim a contribution from the
builder responsible for the negligent construction , because both were regarded
as being ...

Tolley s Professional Negligence

Author:

Publisher:

ISBN:

Page:

View: 154

A journal of liability, ethics, and discipline.

Construction Law

New to this edition: * A new chapter on the Unfair Terms in Consumer Contracts Regulations 1999 and their implications for construction law. * Discussion of the implications of the Contracts (Rights of Third Parties) Act 1999 for ...

Construction Law

Author: Micheal James

Publisher: Red Globe Press

ISBN: 9780333793060

Page: 316

View: 259

Construction Law explores the general principles which govern civil liability for the design and construction of building works. Essentially it is concerned with three key questions which arise in the event of the design or construction proving defective: (i) who can be sued; (ii) who can sue; and (iii) what remedies are available to the injured party. The author takes a wide view of the subject by placing it in the context of developments in problematical areas of the common law. Particular emphasis is placed on liability in negligence for defective buildings and on the doctrine of privity of contract and their implications for the extent of the liabilities of contractors, subcontractors, design professionals and surveyors. This new edition contains a new chapter on the Unfair Terms in Consumer Contracts Regulations 1999 and their implications for construction law, discussion of the Contracts (Rights of Third Parties) Act 1999 and consideration of land mark decisions of the UK and Commonwealth courts governing construction liability. New to this edition: * A new chapter on the Unfair Terms in Consumer Contracts Regulations 1999 and their implications for construction law. * Discussion of the implications of the Contracts (Rights of Third Parties) Act 1999 for construction liability. * The impact of recent land mark decisions of the House of Lords on construction liability. * Discussion of recent decisions of the Commonwealth courts in the area of negligence and defective buildings. * The proposals of the Latham report and of the Law Commission's study of joint liability.

Cornes and Lupton s Design Liability in the Construction Industry

A designer faced with a claim for professional negligence is unlikely to be able to
make a significant payment in respect of the claim without suffering serious
financial consequences or even bankruptcy. There are ways of managing the risk
 ...

Cornes and Lupton s Design Liability in the Construction Industry

Author: Sarah Lupton

Publisher: John Wiley & Sons

ISBN: 1444361147

Page: 440

View: 182

Liability for the design of a building or structure is of fundamental concern to construction professionals, design-build contractors, specialist sub-contractors, and lawyers. Although other texts cover a wide range of aspects of liability, only Cornes and Lupton’s Design Liability in Construction draws together all those matters that relate specifically to design. A number of factors have come together recently and are addressed in this significant update and rewrite of the 4th edition, 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 professional liability the development of the single European market and increased provision of services overseas Together these factors create a new range of design liability issues which the construction professional has to face. Written for lawyers, architects, engineers, and contractors, the fifth edition of Design Liability in Construction will also serve as a useful text for masters level courses in engineering, surveying and construction law.

Martindale Hubbell International Law Directory

Education : University of Alberta ( B.A. , 1965 ; LL.B. , 1969 ) . PRACTICE AREAS
: Insurance and Risk Management ; Medical Malpractice ; Construction ;
Environment ; Personal Injury ; Product Liability ; Professional Negligence
Litigation .

Martindale Hubbell International Law Directory

Author:

Publisher:

ISBN:

Page:

View: 860

Construction Law for Design Professionals Construction Managers and Contractors

For this new book, the authors have directed the text at engineering, architecture and construction management students.

Construction Law for Design Professionals  Construction Managers and Contractors

Author: Justin Sweet

Publisher: Cengage Learning

ISBN: 128598143X

Page: 640

View: 770

CONSTRUCTION LAW FOR DESIGN PROFESSIONALS, CONSTRUCTIONS MANAGERS AND CONTRACTORS is a condensed -- and completely revamped -- version of the bestselling authority on engineering law, LEGAL ASPECTS OF ARCHITECTURE, ENGINEERING AND THE CONSTRUCTION PROCESS (now in its 9th edition) by Justin Sweet, Marc M. Schneier and Blake Wentz. For this new book, the authors have directed the text at engineering, architecture and construction management students. Given the authors' long and deep understanding of the intersection between the law and the construction industry, professors and students can trust this text is unparalleled. The addition of Blake Wentz to the author team emphasizes the commitment to the field. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

MacRoberts on Scottish Construction Contracts

... Session Cases 1862–73 Macqueens Scotch Appeal Cases Morison's
Dictionary of Decisions Law Reports, Probate Division Professional Negligence
Law Reports MacRoberts on Scottish Construction Contracts, Third Edition.
MacRoberts.

MacRoberts on Scottish Construction Contracts

Author: MacRoberts

Publisher: John Wiley & Sons

ISBN: 1118273435

Page: 576

View: 693

Provides a guide to the general principles of Scottish lawrelevant to construction contracts and the main provisions of thestandard forms of construction contract used in Scotlandincluding: the obligations of employers and contractors certification payment ending a construction contract remedies subcontracts collateral warranties insurance dispute resolution regulatory matters The new edition has been substantially updated and expanded totake account of the latest editions of the Scottish StandardBuilding Contracts and recent case law. Specific updates have beendriven by the following changes to legislation and standardcontracts Local Democracy Economic Development and Construction Act 2009and the relative Scheme for Construction Contracts Arbitration (Scotland) Act 2010 Recognising the significant increase in use of NEC3 standardforms of contract, references to NEC3 provisions have beenintroduced throughout the relevant chapters so that each now coversthe common law, the SBCC provisions and the NEC3 provisions. It also features new chapters on: litigation; competition; theBribery Act 2010; and guarantees and bonds. From reviews of previous editions: ‘very approachable and readable… I wouldparticularly recommend this book to non-legal constructionprofessionals’ – Construction & EngineeringLaw ‘an informative textbook for the practitioner… [a]significant contribution to knowledge’ –Arbitration ‘a highly competent… textbook which would be ofvalue for industry professionals with no legal background’– Construction Law

Construction Contract Claims

... potential claim for professional negligence. Whether it is an architect, engineer,
quantity surveyor, solicitor or a lawyer specialising in construction contracts, the
best advice is usually given by someone who has had 'hands on' experience in ...

Construction Contract Claims

Author: R.W. Thomas

Publisher: Macmillan International Higher Education

ISBN: 0230344429

Page: 304

View: 271

Aimed at construction professionals, contractors and undergraduate and postgraduate students, this book confronts all of the difficult problems that arise in claims situations in the UK and internationally. Extensive reference to UK and international case law and a systematic approach to various types of claims, assisted by helpful and explanatory diagrams, make this book second to none as a 'trouble-shooting' guide to the presentation of, and response to, the negotiation and settlement of claims. This new edition considers in equal measure the latest editions of both NEC3 and JCT contracts and provides worked examples of claims under each. It also includes the latest revisions to the Housing Grants, Construction and Regeneration Act 1996 and the Scheme for Construction Contracts, which together make significant changes to payment and adjudication in the construction industry. Other key features: • A practical approach to solving contract claims including essential sections on claims presentation, delay analysis and non-productivity calculations • An emphasis on dealing with factual evidence • Helpful spreadsheet examples • Up-to-date coverage of developments in competition law in relation to the public procurement regulations, and the impact of these requirements at tender stage • A book that will save professionals and contractors time and money, and prepare students for the reality of the construction industry

Construction Law

... I.4.03 construction management, I.1.52–I.1.53 definitions, I.1.08 design and
build contracts, I.1.50–I.1.51 development ... II.17.10–II.17.11 professional
indemnity insurance insurance risk, II.17.09 professional negligence breach
ofcontract ...

Construction Law

Author: Julian Bailey

Publisher: CRC Press

ISBN: 1317912640

Page: 2770

View: 658

Construction Law by Julian Bailey provides a detailed treatment of the major issues arising out of construction and engineering projects, with extensive references to case law, statutes and regulations, standard forms of contract and legal commentary. It is a “one stop shop” for busy practitioners with construction law issues as it presents a comprehensive view of the subject matter of construction law in England, Wales, Australia and internationally. Construction Law provides: Detailed treatment of the major issues arising out of construction and engineering projects, with extensive references to case law, statutes and regulations, standard forms of contract and legal commentary. A three-volume work, giving a comprehensive view of the subject matter of construction law in England, Wales, Australia and internationally. A “one stop shop” for all your construction law issues.