Professional Negligence in Construction

Index

adjudication 9.20
- see also adjudicators
adjudicators
- appointment 8.48
- immunity from suit 8.57
- obligations 8.53
- see also adjudication
ADR see alternative dispute resolution
alternative dispute resolution 9.7
appointment see contract
apportionment
- and contribution 6.106
arbitration 9.71
- see also arbitrators
arbitrators
- appointment 8.31
- immunity from suit 8.42
- obligations 8.34
- see also arbitration
architect
- administration of the building contract 5.119
- Architects’ Registration Board and 2.7
- contracts with 2.10
- design obligations 5.40
- duties to third parties 3.55, 3.87, 3.91
- estimates 5.23
- examination of the site 5.4, 5.11
- function 2.3
- inspection 5.149
- and insurance 7.1
- meaning 2.1
- planning permissions and 5.13
- reasonable skill and care 2.15, 4.6
- responsibility for the work of others 5.81, 5.86
- Royal Institute of British Architects and 2.2, 2.7
- specialist expertise 4.46
- Standard Form of Agreement for the Appointment of an Architect 2.9
- warranties 2.17
ARB see Architects’ Registration Board
Architects’ Registration Board 2.7
Association of Consultant Architects 2.7
Association of Consulting Engineers 2.26
- conditions of engagement 2.27
Association of Project Management 2.53

damages
- consequential losses 6.52
- costs of rectification and 6.43
- diminution in value and 6.43
- liability to third parties 6.58
- mitigation and 6.70
- personal injury, inconvenience and distress 6.62
- principles behind 6.43
- professional fees 6.66
- remoteness and 6.16
- scope of duty and 6.7
- settlement and 6.60
- wasted expenditure 6.52
Defective Premises Act 1972
- application 3.113
definitions
- adjudicator 8.45
- arbitrator 8.28
- architect 2.1
- engineer 2.19
- expert determination 8.59
- expert witnesses 8.4
- professional 1.3
- project manager 2.46
- quantity surveyor 2.31
design
- obligations of architects and engineers 5.40
- co-ordination and integration 5.71
- novel design 5.77
duty of care
- architects’ and engineers’ duties to third parties 3.55, 3.87, 3.91
- duty to review design 4.64
- economic loss 3.57, 3.76
- reasonable skill and care 4.1
- third parties and 3.87
- tort of negligence 3.45
- standard of care 4.21
duty of care deed see contract: collateral warranty

engineer
- ACE Conditions of Engagement 2.27
- administration of the building contract 5.119
- Association of Consulting Engineers 2.26
- contracts 2.27
- design obligations 5.40
- duties to third parties 3.55, 3.87, 3.91
- Engineering Council 2.26
- estimates 5.23
- examination of the site 5.4, 5.11
- function 2.22
- meaning 2.19
- inspection 5.149
- Institution of Civil Engineers 2.26
- knowledge of the law 5.19, 5.20
- reasonable skill and care 2.29
- responsibility for the work of others 5.81, 5.86
- specialist expertise 2.24
estimates
- architects and engineers 5.23
- quantity surveyors 5.23
expert determination
- appointment of expert 8.61
- introduction 8.59
- liability to the parties 8.75
- obligations 8.65
expert witness
- Civil Procedure Rules, part 35 8.9
- meaning of 8.4
- duty to court 8.9, 8.19
- duties 4.22, 8.6, 8.9
- immunity from suit 8.23
- requirement for expert evidence in professional negligence claims 4.28
- appointment 8.21

legal proceedings 9.32, 9.59
liability
- contractual 3.1
- concurrency of tortious and contractual liability 3.77
- tortious 3.45
limitation
- operation of 6.75
limitation of liability
- architects and engineers 3.34
litigation 9.59
- County Court 9.61
- case management 9.62
- the claim 9.62
- costs of 9.66
- disclosure 9.62
- expert reports 9.62
- High Court 9.60
- offers to settle 9.67
- Pre-Action Protocol for Construction and Engineering Disputes 9.33
- pre-action steps 9.32
- statement of case 9.62
- Technology and Construction Court 9.61
- trial 9.62
- witness statements 9.62

reasonable skill and care
- architects and engineers 2.15
- codes of practice, relevance of 4.30
- contractual obligation 2.15, 2.30, 2.43, 3.31, 4.1
- expert determination 8.76
- expert witnesses 8.26
- express term of 2.15
- higher duty 2.16
- meaning of 4.1
- quantity surveyors 2.43
responsibility for the work of others
- architects and engineers 5.81, 5.86
RIBA see Royal Institute of British Architects
RICS see Royal Institution of Chartered Surveyors
Royal Institute of British Architects
- and architects 2.1, 2.7
- Standard Form of Agreement for the Appointment of an Architect 2.9
Royal Institution of Chartered Surveyors 2.40

warranty
- architects’ and engineers’ warranties 2.17, 2.30
- collateral warranties 3.108

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