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Index

Professional Negligence in Construction


Page 187

Index

Index

  • ACA see Association of Consultant Architects
  • ACE see Association of Consulting Engineers
  • 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
  • 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
  • betterment 6.51
  • breach of duty see duty of care
  • building surveyors
  • causation
    • break in chain of causation 6.32
    • and damages 6.43
    • discussion 6.6, 6.25
    • hypothetical actions and 6.35
    • remoteness 6.16
    • scope of duty 6.7
  • certification
    • under building contract 5.133
  • contract
    • architects 2.10
    • collateral warranty and 3.5, 3.108
    • concurrency of contractual and tortious duty 3.77
    • duties owed to persons other than original client 3.87
    • formation of 3.7
    • engineers 2.27
    • limitation 3.34, 3.35
    • net contribution clause 3.36
    • novation and 3.27
    • quantity surveyors 2.41
    • variation 3.15
  • contribution 6.99
    • and apportionment 6.106
    • net contribution clause 3.36
  • contributory negligence 6.90

  • Page 188

    construction professional
  • copyright
  • 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
  • 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
  • fitness for purpose
    • obligation in design 2.18
  • knowledge of the law
  • legal proceedings 9.32, 9.59
  • liability
    • contractual 3.1
    • concurrency of tortious and contractual liability 3.77
    • tortious 3.45
  • limitation
  • 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
  • negligence see tort
  • net contribution clause 3.36
  • personal liability 3.128
  • professional
  • professional bodies
    • insurance requirements 7.1
    • architects 2.7
    • engineers 2.26
    • project managers 2.53
    • surveyors 2.40
  • project manager
    • administration of contract 5.119
    • Association of Project Management 2.53
    • contracts 2.54
    • function 2.50
    • meaning 2.46,
    • obligation to advise on contracts 5.116, 5.118
    • reasonable skill and care 2.47
  • quantity surveyor
  • reasonable skill and care
  • responsibility for the work of others
  • 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
  • standard of care see reasonable skill and care
  • sub-contract see responsibility for the work of others
  • surveyor see quantity surveyor
  • Technology and Construction Court 9.61
  • terms
    • express terms of contract 3.16
    • implied terms 3.40
  • third party
  • tort
    • architects’ and engineers’ duties to third parties 3.55, 3.87, 3.91

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      concurrency of contractual and tortious liability 3.77
    • duty of care see duty of care
    • negligence 3.45
    • tortious duties 3.45
  • warranty
    • architects’ and engineers’ warranties 2.17, 2.30
    • collateral warranties 3.108

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