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Vol 21 No 10 Oct/Nov 2016

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Cornes and Lupton's Design Liability in the Construction Industry 5th ed


ISBN13: 9781444330069
Previous Edition ISBN: 0632032618
Published: November 2013
Publisher: Wiley-Blackwell
Country of Publication: UK
Format: Hardback
Price: £84.95



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This significant update and rewrite of the 4th edition address the range of design liability issues which the construction professional has to face including:

  • Increasing popularity of design & build procurement
  • Two stage tendering and partnering arrangements
  • Technical innovations in construction
  • Intranet and BIM systems changing the way designs are developed and decisions tracked
  • Several well-publicised cases regarding design failures
  • Development of the single European market & forthcoming Services Directive (SIM)

Subjects:
Construction Law
Contents:
Acknowledgments
Preface
1. The Industry Context
1.1 What is design?
1.2 Procurement routes
1.3 Who are the designers
2. Liability under Contract
2.1 Formation of contract
2.2 Problems with contract formation
2.3 The terms of a contract
2.4 Exemption clauses
2.5 Privity of contract
2.6 Assignment
3. Law of Tort - Part 1
3.1 Definition of a tort
3.2 Vicarious liability
3.3 Negligence
3.4 1932-1964 historical perspective
3.5 1972-1978 historical perspective
3.6 Anns v London Borough Council
3.7 1983 Junior Books
3.8 1988 Damp estates
3.9 Murphy v Brentwood District Council
4. Law of Tort - Part 2
4.1 Liability for injury and damage to property
4.2 Liability for economic loss
4.3 The complex structure theory after Murphy
4.4 Summary of the position 2011
5. Liability under Statute
5.1 Defective Premises Act 1974
5.2 Building Act 1984
5.3 Health and Safety at Work Act 1974
6. Nature of Liability for Professional Negligence
6.1 Reasonable skill and care
6.2 Application of the test to designers
6.3 Examples of failure to take care - general
6.4 Special skills
6.5 State of the art defence
7. Fitness for Purpose Liability
7.1 Contractor's design obligation
7.2 Reliance and partial reliance
7.3 Consultants and strict liability
8. Duty to Warn
8.1 Contractors duty to warn
9. Duties in Detail
9.1 General designer duties
9.2 Delegation of duties
9.3 Site investigation
9.4 Appraisal and client knowledge
9.5 Design details and technical information
9.6 Innovative and risky design
9.7 Commenting on others design
9.8 Inspection
9.9 Duty to review the design
10. Liability to Third Parties: 'Novation' and Collateral Warranties
10.1 Contract/tort liability
10.2 Architect-contractor liability
10.3 Sub-contractor/employer liability
10.4 Novation
10.5 Warranties
11. Damages
11.1 Compensatory
11.2 Causation
11.3 Contract: remoteness
11.4 Tort: remoteness
11.5 Measure of damages
11.6 Mitigation/reasonable cost
11.7 Damages and designers
11.8 Injunction or damages?
11.9 Diminution in value or cost of remedial work?
11.10 Consequential loss
11.11 Distress
11.12 Betterment and elaborate repair
11.13 Contributory negligence and contribution
12. Limitation
12.1 Statutory periods
12.2 Limitation and contract
12.3 Fraud and concealment - contract
12.4 Limitation and tort
12.5 History of development of the law prior to Pirelli
12.6 Limitation in negligence - the Pirelli decision
12.7 Developments since Pirelli
13. Measures for Limiting Liability
13.1 Using financial caps
13.2 Limiting liability for consequential losses
13.3 Net contribution clauses
14. Standard Forms of Contract
14.1 JCT
14.2 GC Works
14.3 FIDIC
15. Standard Forms of Appointment
15.1 RIBA
15.2 ACA
15.3 ACE
15.4 PPS3
15.5 RICS
16. Professional Indemnity Insurance
16.1 Principles of professional indemnity insurance
16.2 Changing insurers
16.3 Dealing with the claim
16.4 Avoiding disputes with insurers
16.5 PII for design build contracts
16.6 Other types of insurance
17. Design Liability in the EU
18. Design Liability in Other Jurisdictions
Bibliography
Case List
Index