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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Professional Negligence in Construction

ISBN13: 9780415290661
ISBN: 041529066X
Published: June 2003
Publisher: Taylor & Francis
Country of Publication: UK
Format: Hardback
Price: £85.00

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What is professional negligence? Who, for that matter, is a ""construction professional"" and what are their obligations in contract and their obligations in tort? In what circumstances might the difference between the obligations be important? These questions are of crucial importance to contractors, architects, quantity surveyors, engineers, project managers, and multi disciplinary practices, and not simply to construction lawyers.

It is brief and simple, and yet solidly authoritative. It should also be helpful to lawyers and to students in construction and in law. However, the emphasis in the book is on the practical aspects of professional negligence in the construction industry and it is not primarily intended to be a 'legal practitioner' work.

Construction Law, Professional Negligence
1. Legal Framework.
1.1 Contractual Duties.
1.2 Tortious Duties.
1.3 Reasonable Skill and Care.
1.4 Damages.
1.5 Limitation.
1.6 Contributory Negligence.
1.7 Apportionment and Contribution.
2. Insurance.
2.1 Professional Indemnity Policies.
2.2 Obtaining Cover.
2.3 claims made and Indemnity.
2.4 Notification.
2.5 Handling of Claims.
2.6 Subrogation.
2.7 Insurance and Persons Claiming against Professionals.
2.8 Other Insurance.
3. Architects and Engineers.
3.1 'Architects and Engineers'
3.2 Architects' and Engineers' Contracts.
3.3 Reasonable Skill and Care.
3.4 Examples.
3.5 Duties to Third Parties.
3.6 Practical Consideration in Claims against Architects and Engineers.
4. Quantity Surveyors.
4.1 The Usual Duties of a Quantity Surveyor.
4.2 Quantity Surveyor's Contracts.
4.3 Reasonable Skill and Care.
4.4 Examples.
4.5 Duties to Third Parities.
4.6. Practical Considerations in Claims against Quantity Surveyors.
5. Project Managers.
5.1 The Functions of a Project Manager.
5.2 A Projects Manager's Contract.
5.3 Reasonable Skill and Care.
5.4 Practical Considerations in Claims against Project Managers.
6. Claims Consultants and Expert Witnesses.
6.1 Claims Consultants and their Duties.
6.2 Expert Witnesses and Their Duties.
6.3 Causation, Loss and Damage.
6.4 Practical Considerations in Claims against Claim Consultants and Expert Witnesses.
7. Dispute Resolution.
7.1 Pre-action Steps and Alternative Dispute Resolution.
7.2 The Commencement of Legal Proceedings.
7.3 Adjudication.
7.4 Arbitration.
7.5 Litigation.
Appendix 1. APIA-RIBA Policy Wording 2002.
Appendix 2. RICS Standard Form of Agreement for the Appointment of an Architect (SFA/99).
Appendix 3. ACE Conditions of Engagement Agreement A(1) (2002).
Appendix 4. RICS Form of Agreement and Terms and Conditions for the Appointment of Quantity Surveyor (1992).
Table of Cases.
Table of Legislation.