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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 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 betterment 6.51 breach of duty see duty of care building surveyors meaning 2.55 function 2.56 contracts 2.58 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 meaning 1.3 copyright disputes 3.152 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 fitness for purpose obligation in design 2.18 ICE see Institution of Civil Engineers Institution of Civil Engineers 2.26 insurance aggregation 7.55 claims made 7.9 conditions 7.30 contents of insurance policies 7.21 , 7.34 contract of 7.21 deductible: see excess duty of fair presentation 7.36 duty of utmost good faith 7.11 , 7.36 endorsements 7.23 excess 7.22 exclusions 7.5 , 7.28 insurance broker 7.46 limit of cover 7.15 notification 7.13 , 7.47 , 9.4 policy of 7.21 premiums 7.11 , 7.21 professional indemnity insurance 7.4 proposal 7.34 Page 189 QC clauses 7.61 refusal of indemnity 7.41 , schedule 7.22 third party rights 7.66 knowledge of the law architects and engineers 5.19 , 5.20 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 mediation 9.9 , 9.69 negligence see tort net contribution clause 3.36 personal liability 3.128 professional meaning 1.3 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 administration of contract 5.119 advice on tender 2.36 , 5.99 contracts 2.41 estimates 2.36 , 5.23 form of agreement 2.43 function 2.32 meaning 2.31 reasonable skill and care 2.43 Royal Institution of Chartered Surveyors 2.40 , usual duties of 2.35 valuations 2.30 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 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 duties owed to 3.55 , 3.87 , 3.91 tort architects’ and engineers’ duties to third parties 3.55 , 3.87 , 3.91 Page 190 concurrency of contractual and tortious liability 3.77 duty of care see duty of care negligence 3.45 tortious duties 3.45 utmost good faith 7.11 , 7.36 warranty architects’ and engineers’ warranties 2.17 , 2.30 collateral warranties 3.108

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