Architects liability - Revision history

92.239.27.201 at 12:01, 2 January 2022

2022-01-02T12:01:01Z

← Older revision		Revision as of 12:01, 2 January 2022
Line 26:		Line 26:

	* An architect can, under the express terms of a contract, take on the responsibility to ensure that the end product will perform as required.		* An architect can, under the express terms of a contract, take on the responsibility to ensure that the end product will perform as required.
−	* This is a much more onerous standard and will have implications for the architect's professional ~~indmnity~~ insurance.	+	* This is a much more onerous standard and will have implications for the architect's professional indemnity insurance.
	* Such a duty is most likely to arise in design and build contracts where the architect is employed by the contractor, who generally has a duty to achieve a certain result.		* Such a duty is most likely to arise in design and build contracts where the architect is employed by the contractor, who generally has a duty to achieve a certain result.
	* If the architect's involvement is either as part of a package deal to design, supply and erect an end product, or to design something to comply with stated performance criteria then they may be obliged to ensure that the finished article is fit for purpose		* If the architect's involvement is either as part of a package deal to design, supply and erect an end product, or to design something to comply with stated performance criteria then they may be obliged to ensure that the finished article is fit for purpose
Line 41:		Line 41:
	* Also, if damage to the building causes damage to other property of the claimant, costs can be recovered in respect of the other property.		* Also, if damage to the building causes damage to other property of the claimant, costs can be recovered in respect of the other property.
	* As a result, subsequent owners have relied upon collateral warranties		* As a result, subsequent owners have relied upon collateral warranties
−	* Contracts (Rights of Third Parties) Act however, confers rights to enforce contractual terms on ~~perties~~ who are not party to that contract	+	* Contracts (Rights of Third Parties) Act however, confers rights to enforce contractual terms on parties who are not party to that contract

	Hedley Byrne & Co Ltd v Heller & Partners Ltd		Hedley Byrne & Co Ltd v Heller & Partners Ltd

Designing Buildings at 09:49, 21 September 2020

2020-09-21T09:49:10Z

← Older revision		Revision as of 09:49, 21 September 2020
Line 1:		Line 1:
−
	This article needs more work. To help develop this article, click 'Edit this article' above.		This article needs more work. To help develop this article, click 'Edit this article' above.

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	An architect may be liable to their client for:		An architect may be liable to their client for:
−	*Breach of contract.	+
−	*Through the tort of negligence.	+	* Breach of contract.
−	*Under statute.	+	* Through the tort of negligence.
		+	* Under statute.

	The question of professional liability can be approached under the following headings:		The question of professional liability can be approached under the following headings:
−	*A minimum standard of reasonable skill and care is to be exercised in the discharge of professional duties carried out under the contract.	+
−	*A higher duty to achieve particular results, comparable with the duty generally placed upon a builder, may be contracted for.	+	* A minimum standard of reasonable skill and care is to be exercised in the discharge of professional duties carried out under the contract.
−	*Duties under the law of tort to third parties may also be owed to a client concurrent with a contractual duty.	+	* A higher duty to achieve particular results, comparable with the duty generally placed upon a builder, may be contracted for.
−	*A more specialist duty may be owed in tort when giving advice whether to a client or to a third party.	+	* Duties under the law of tort to third parties may also be owed to a client concurrent with a contractual duty.
−	*Additional duties may be imposed by statutes.	+	* A more specialist duty may be owed in tort when giving advice whether to a client or to a third party.
		+	* Additional duties may be imposed by statutes.

	= Contractual duty of care =		= Contractual duty of care =
−	*An architect has a duty to use reasonable skill and care in the course of employment.	+
−	*An architect will be tested against the conduct of other architects.	+	* An architect has a duty to use reasonable skill and care in the course of employment.
−	*The courts recognise that failure is not conclusive evidence of breach of duty: ‘The surgeon does not warrant that he will cure the patient, nor does the solicitor warrant that he will win the case’	+	* An architect will be tested against the conduct of other architects.
		+	* The courts recognise that failure is not conclusive evidence of breach of duty: ‘The surgeon does not warrant that he will cure the patient, nor does the solicitor warrant that he will win the case’

	= Contractual duty of result =		= Contractual duty of result =
−	*An architect can, under the express terms of a contract, take on the responsibility to ensure that the end product will perform as required.	+
−	*This is a much more onerous standard and will have implications for the architect's professional indmnity insurance.	+	* An architect can, under the express terms of a contract, take on the responsibility to ensure that the end product will perform as required.
−	*Such a duty is most likely to arise in design and build contracts where the architect is employed by the contractor, who generally has a duty to achieve a certain result.	+	* This is a much more onerous standard and will have implications for the architect's professional indmnity insurance.
−	*If the architect's involvement is either as part of a package deal to design, supply and erect an end product, or to design something to comply with stated performance criteria then they may be obliged to ensure that the finished article is fit for purpose	+	* Such a duty is most likely to arise in design and build contracts where the architect is employed by the contractor, who generally has a duty to achieve a certain result.
		+	* If the architect's involvement is either as part of a package deal to design, supply and erect an end product, or to design something to comply with stated performance criteria then they may be obliged to ensure that the finished article is fit for purpose

	= Duties in tort to clients and third parties =		= Duties in tort to clients and third parties =

	Murphy v Brentwood District Council 1990		Murphy v Brentwood District Council 1990
−	*Severely limited the remedies available to third parties by restricting the losses which can be recovered in tort.
−	*Recoverable losses are now limited to personal injury and physical damage to property.
−	*Pure economic loss cannot be recovered including reduction in the value of property as a result of damage.
−	*No duty owed in tort to protect building owners/occupiers from the cost of repairing defects in their buildings or financial losses incurred by reason of remedial works.
−	*However, if a building has defects that threaten the safety of passers-by, the owner may be able to claim the cost of repairing or demolishing the building so as to make it safe.
−	*Also, if damage to the building causes damage to other property of the claimant, costs can be recovered in respect of the other property.
−	*As a result, subsequent owners have relied upon collateral warranties
−	*Contracts (Rights of Third Parties) Act however, confers rights to enforce contractual terms on perties who are not party to that contract

−	Hedley Byrne & Co Ltd v Heller & Partners Ltd	+	* Severely limited the remedies available to third parties by restricting the losses which can be recovered in tort.
−	*The professional may owe a duty when giving advice to avoid causing economic loss to third parties who rely upon that advice	+	* Recoverable losses are now limited to personal injury and physical damage to property.
		+	* Pure economic loss cannot be recovered including reduction in the value of property as a result of damage.
		+	* No duty owed in tort to protect building owners/occupiers from the cost of repairing defects in their buildings or financial losses incurred by reason of remedial works.
		+	* However, if a building has defects that threaten the safety of passers-by, the owner may be able to claim the cost of repairing or demolishing the building so as to make it safe.
		+	* Also, if damage to the building causes damage to other property of the claimant, costs can be recovered in respect of the other property.
		+	* As a result, subsequent owners have relied upon collateral warranties
		+	* Contracts (Rights of Third Parties) Act however, confers rights to enforce contractual terms on perties who are not party to that contract
		+
		+	Hedley Byrne & Co Ltd v Heller & Partners Ltd
		+
		+	* The professional may owe a duty when giving advice to avoid causing economic loss to third parties who rely upon that advice

	= Liability for breach of contract =		= Liability for breach of contract =
Line 47:		Line 52:

	== Express terms ==		== Express terms ==
−	*Incorporated by the use of standard forms of appointment.	+
−	*Made orally or in correspondence.	+	* Incorporated by the use of standard forms of appointment.
		+	* Made orally or in correspondence.

	== Implied terms ==		== Implied terms ==
−	*Terms may be implied as a matter of law. That is to say they are implied as a matter of policy and are of general application to all contracts. Further terms may be implied as a matter of fact. That is to say as a matter of construction of the presumed intention of the parties to a particular contract.	+
−	*For example, it may be implied by the Supply of Goods and Services Act 1982 that the architect must use reasonable skill and care.	+	* Terms may be implied as a matter of law. That is to say they are implied as a matter of policy and are of general application to all contracts. Further terms may be implied as a matter of fact. That is to say as a matter of construction of the presumed intention of the parties to a particular contract.
−	*In the absence of express terms as to time, to carry out the work within a reasonable time.	+	* For example, it may be implied by the Supply of Goods and Services Act 1982 that the architect must use reasonable skill and care.
		+	* In the absence of express terms as to time, to carry out the work within a reasonable time.

	== Breach of contract ==		== Breach of contract ==
−	*If an architect does not perform their obligations under a contract, they will have committed a breach of contract.	+
−	*Liability will be measured in damages.	+	* If an architect does not perform their obligations under a contract, they will have committed a breach of contract.
−	*That sum may exceed the architects fees.	+	* Liability will be measured in damages.
−	*The extent to which the architect is liable may be limited by a limitation clause.	+	* That sum may exceed the architects fees.
−	*Liability for breach of contract includes liability for consequential loss in so far as those losses are of a reasonably foreseeable type	+	* The extent to which the architect is liable may be limited by a limitation clause.
		+	* Liability for breach of contract includes liability for consequential loss in so far as those losses are of a reasonably foreseeable type

	= Find out more =		= Find out more =

	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
−	*Architect.<br/>
−	*Appointing consultants.<br/>
−	*Breach of contract.
−	*Consequential loss.
−	*Contract.
−	*Express terms.
−	*Implied terms.
−	*Measure of damages.
−	*Professional indemnity insurance.<br/>
−	*Tort.

−	[[Category:Articles_needing_more_work]]	+	* Architect.
		+	* Appointing consultants.
		+	* Breach of contract.
		+	* Consequential loss.
		+	* Contract.
		+	* Express terms.
		+	* Implied terms.
		+	* Measure of damages.
		+	* Professional indemnity insurance.
		+	* Tort.
		+
		+	[[Category:Articles_needing_more_work]] [[Category:DCN_Definition]] [[Category:DCN_Guidance]]

Designing Buildings: Reverted edits by 195.68.122.124 (talk) to last revision by Designing Buildings

2018-12-06T17:31:24Z

Reverted edits by 195.68.122.124 (talk) to last revision by Designing Buildings

← Older revision		Revision as of 17:31, 6 December 2018
Line 1:		Line 1:
		+
	This article needs more work. To help develop this article, click 'Edit this article' above.		This article needs more work. To help develop this article, click 'Edit this article' above.

Line 4:		Line 5:

	An architect may be liable to their client for:		An architect may be liable to their client for:
−		+	*Breach of contract.
−	* Breach of contract.	+	*Through the tort of negligence.
−	* Through the tort of negligence.	+	*Under statute.
−	* Under statute.	+

	The question of professional liability can be approached under the following headings:		The question of professional liability can be approached under the following headings:
−		+	*A minimum standard of reasonable skill and care is to be exercised in the discharge of professional duties carried out under the contract.
−	* A minimum standard of reasonable skill and care is to be exercised in the discharge of professional duties carried out under the contract.	+	*A higher duty to achieve particular results, comparable with the duty generally placed upon a builder, may be contracted for.
−	* A higher duty to achieve particular results, comparable with the duty generally placed upon a builder, may be contracted for.	+	*Duties under the law of tort to third parties may also be owed to a client concurrent with a contractual duty.
−	* Duties under the law of tort to third parties may also be owed to a client concurrent with a contractual duty.	+	*A more specialist duty may be owed in tort when giving advice whether to a client or to a third party.
−	* A more specialist duty may be owed in tort when giving advice whether to a client or to a third party.	+	*Additional duties may be imposed by statutes.
−	* Additional duties may be imposed by statutes.	+

	= Contractual duty of care =		= Contractual duty of care =
−		+	*An architect has a duty to use reasonable skill and care in the course of employment.
−	* An architect has a duty to use reasonable skill and care in the course of employment.	+	*An architect will be tested against the conduct of other architects.
−	* An architect will be tested against the conduct of other architects.	+	*The courts recognise that failure is not conclusive evidence of breach of duty: ‘The surgeon does not warrant that he will cure the patient, nor does the solicitor warrant that he will win the case’
−	* The courts recognise that failure is not conclusive evidence of breach of duty: ‘The surgeon does not warrant that he will cure the patient, nor does the solicitor warrant that he will win the case’	+

	= Contractual duty of result =		= Contractual duty of result =
−		+	*An architect can, under the express terms of a contract, take on the responsibility to ensure that the end product will perform as required.
−	* An architect can, under the express terms of a contract, take on the responsibility to ensure that the end product will perform as required.	+	*This is a much more onerous standard and will have implications for the architect's professional indmnity insurance.
−	* This is a much more onerous standard and will have implications for the architect's professional indmnity insurance.	+	*Such a duty is most likely to arise in design and build contracts where the architect is employed by the contractor, who generally has a duty to achieve a certain result.
−	* Such a duty is most likely to arise in design and build contracts where the architect is employed by the contractor, who generally has a duty to achieve a certain result.	+	*If the architect's involvement is either as part of a package deal to design, supply and erect an end product, or to design something to comply with stated performance criteria then they may be obliged to ensure that the finished article is fit for purpose
−	* If the architect's involvement is either as part of a package deal to design, supply and erect an end product, or to design something to comply with stated performance criteria then they may be obliged to ensure that the finished article is fit for purpose	+

	= Duties in tort to clients and third parties =		= Duties in tort to clients and third parties =

	Murphy v Brentwood District Council 1990		Murphy v Brentwood District Council 1990
		+	*Severely limited the remedies available to third parties by restricting the losses which can be recovered in tort.
		+	*Recoverable losses are now limited to personal injury and physical damage to property.
		+	*Pure economic loss cannot be recovered including reduction in the value of property as a result of damage.
		+	*No duty owed in tort to protect building owners/occupiers from the cost of repairing defects in their buildings or financial losses incurred by reason of remedial works.
		+	*However, if a building has defects that threaten the safety of passers-by, the owner may be able to claim the cost of repairing or demolishing the building so as to make it safe.
		+	*Also, if damage to the building causes damage to other property of the claimant, costs can be recovered in respect of the other property.
		+	*As a result, subsequent owners have relied upon collateral warranties
		+	*Contracts (Rights of Third Parties) Act however, confers rights to enforce contractual terms on perties who are not party to that contract

−	* Severely limited the remedies available to third parties by restricting the losses which can be recovered in tort.	+	Hedley Byrne & Co Ltd v Heller & Partners Ltd
−	* Recoverable losses are now limited to personal injury and physical damage to property.	+	*The professional may owe a duty when giving advice to avoid causing economic loss to third parties who rely upon that advice
−	* Pure economic loss cannot be recovered including reduction in the value of property as a result of damage.	+
−	* No duty owed in tort to protect building owners/occupiers from the cost of repairing defects in their buildings or financial losses incurred by reason of remedial works.	+
−	* However, if a building has defects that threaten the safety of passers-by, the owner may be able to claim the cost of repairing or demolishing the building so as to make it safe.	+
−	* Also, if damage to the building causes damage to other property of the claimant, costs can be recovered in respect of the other property.	+
−	* As a result, subsequent owners have relied upon collateral warranties	+
−	* Contracts (Rights of Third Parties) Act however, confers rights to enforce contractual terms on perties who are not party to that contract	+
−		+
−	Hedley Byrne &~~amp;~~ Co Ltd v Heller &~~amp;~~ Partners Ltd	+
−		+
−	* The professional may owe a duty when giving advice to avoid causing economic loss to third parties who rely upon that advice	+

	= Liability for breach of contract =		= Liability for breach of contract =
Line 52:		Line 47:

	== Express terms ==		== Express terms ==
−		+	*Incorporated by the use of standard forms of appointment.
−	* Incorporated by the use of standard forms of appointment.	+	*Made orally or in correspondence.
−	* Made orally or in correspondence.	+

	== Implied terms ==		== Implied terms ==
−		+	*Terms may be implied as a matter of law. That is to say they are implied as a matter of policy and are of general application to all contracts. Further terms may be implied as a matter of fact. That is to say as a matter of construction of the presumed intention of the parties to a particular contract.
−	* Terms may be implied as a matter of law. That is to say they are implied as a matter of policy and are of general application to all contracts. Further terms may be implied as a matter of fact. That is to say as a matter of construction of the presumed intention of the parties to a particular contract.	+	*For example, it may be implied by the Supply of Goods and Services Act 1982 that the architect must use reasonable skill and care.
−	* For example, it may be implied by the Supply of Goods and Services Act 1982 that the architect must use reasonable skill and care.	+	*In the absence of express terms as to time, to carry out the work within a reasonable time.
−	* In the absence of express terms as to time, to carry out the work within a reasonable time.	+

	== Breach of contract ==		== Breach of contract ==
−		+	*If an architect does not perform their obligations under a contract, they will have committed a breach of contract.
−	* If an architect does not perform their obligations under a contract, they will have committed a breach of contract.	+	*Liability will be measured in damages.
−	* Liability will be measured in damages.	+	*That sum may exceed the architects fees.
−	* That sum may exceed the architects fees.	+	*The extent to which the architect is liable may be limited by a limitation clause.
−	* The extent to which the architect is liable may be limited by a limitation clause.	+	*Liability for breach of contract includes liability for consequential loss in so far as those losses are of a reasonably foreseeable type
−	* Liability for breach of contract includes liability for consequential loss in so far as those losses are of a reasonably foreseeable type	+

	= Find out more =		= Find out more =

	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
−		+	*Architect.<br/>
−	* Architect.	+	*Appointing consultants.<br/>
−	* Appointing consultants.	+	*Breach of contract.
−	* Breach of contract.	+	*Consequential loss.
−	* Consequential loss.	+	*Contract.
−	* Contract.	+	*Express terms.
−	* Express terms.	+	*Implied terms.
−	* Implied terms.	+	*Measure of damages.
−	* Measure of damages.	+	*Professional indemnity insurance.<br/>
−	* Professional indemnity insurance.	+	*Tort.
−	* Tort.	+

	[[Category:Articles_needing_more_work]]		[[Category:Articles_needing_more_work]]

195.68.122.124 at 11:52, 6 December 2018

2018-12-06T11:52:31Z

← Older revision		Revision as of 11:52, 6 December 2018
Line 1:		Line 1:
−
	This article needs more work. To help develop this article, click 'Edit this article' above.		This article needs more work. To help develop this article, click 'Edit this article' above.

Line 5:		Line 4:

	An architect may be liable to their client for:		An architect may be liable to their client for:
−	*Breach of contract.	+
−	*Through the tort of negligence.	+	* Breach of contract.
−	*Under statute.	+	* Through the tort of negligence.
		+	* Under statute.

	The question of professional liability can be approached under the following headings:		The question of professional liability can be approached under the following headings:
−	*A minimum standard of reasonable skill and care is to be exercised in the discharge of professional duties carried out under the contract.	+
−	*A higher duty to achieve particular results, comparable with the duty generally placed upon a builder, may be contracted for.	+	* A minimum standard of reasonable skill and care is to be exercised in the discharge of professional duties carried out under the contract.
−	*Duties under the law of tort to third parties may also be owed to a client concurrent with a contractual duty.	+	* A higher duty to achieve particular results, comparable with the duty generally placed upon a builder, may be contracted for.
−	*A more specialist duty may be owed in tort when giving advice whether to a client or to a third party.	+	* Duties under the law of tort to third parties may also be owed to a client concurrent with a contractual duty.
−	*Additional duties may be imposed by statutes.	+	* A more specialist duty may be owed in tort when giving advice whether to a client or to a third party.
		+	* Additional duties may be imposed by statutes.

	= Contractual duty of care =		= Contractual duty of care =
−	*An architect has a duty to use reasonable skill and care in the course of employment.	+
−	*An architect will be tested against the conduct of other architects.	+	* An architect has a duty to use reasonable skill and care in the course of employment.
−	*The courts recognise that failure is not conclusive evidence of breach of duty: ‘The surgeon does not warrant that he will cure the patient, nor does the solicitor warrant that he will win the case’	+	* An architect will be tested against the conduct of other architects.
		+	* The courts recognise that failure is not conclusive evidence of breach of duty: ‘The surgeon does not warrant that he will cure the patient, nor does the solicitor warrant that he will win the case’

	= Contractual duty of result =		= Contractual duty of result =
−	*An architect can, under the express terms of a contract, take on the responsibility to ensure that the end product will perform as required.	+
−	*This is a much more onerous standard and will have implications for the architect's professional indmnity insurance.	+	* An architect can, under the express terms of a contract, take on the responsibility to ensure that the end product will perform as required.
−	*Such a duty is most likely to arise in design and build contracts where the architect is employed by the contractor, who generally has a duty to achieve a certain result.	+	* This is a much more onerous standard and will have implications for the architect's professional indmnity insurance.
−	*If the architect's involvement is either as part of a package deal to design, supply and erect an end product, or to design something to comply with stated performance criteria then they may be obliged to ensure that the finished article is fit for purpose	+	* Such a duty is most likely to arise in design and build contracts where the architect is employed by the contractor, who generally has a duty to achieve a certain result.
		+	* If the architect's involvement is either as part of a package deal to design, supply and erect an end product, or to design something to comply with stated performance criteria then they may be obliged to ensure that the finished article is fit for purpose

	= Duties in tort to clients and third parties =		= Duties in tort to clients and third parties =

	Murphy v Brentwood District Council 1990		Murphy v Brentwood District Council 1990
−	*Severely limited the remedies available to third parties by restricting the losses which can be recovered in tort.
−	*Recoverable losses are now limited to personal injury and physical damage to property.
−	*Pure economic loss cannot be recovered including reduction in the value of property as a result of damage.
−	*No duty owed in tort to protect building owners/occupiers from the cost of repairing defects in their buildings or financial losses incurred by reason of remedial works.
−	*However, if a building has defects that threaten the safety of passers-by, the owner may be able to claim the cost of repairing or demolishing the building so as to make it safe.
−	*Also, if damage to the building causes damage to other property of the claimant, costs can be recovered in respect of the other property.
−	*As a result, subsequent owners have relied upon collateral warranties
−	*Contracts (Rights of Third Parties) Act however, confers rights to enforce contractual terms on perties who are not party to that contract

−	Hedley Byrne & Co Ltd v Heller & Partners Ltd	+	* Severely limited the remedies available to third parties by restricting the losses which can be recovered in tort.
−	*The professional may owe a duty when giving advice to avoid causing economic loss to third parties who rely upon that advice	+	* Recoverable losses are now limited to personal injury and physical damage to property.
		+	* Pure economic loss cannot be recovered including reduction in the value of property as a result of damage.
		+	* No duty owed in tort to protect building owners/occupiers from the cost of repairing defects in their buildings or financial losses incurred by reason of remedial works.
		+	* However, if a building has defects that threaten the safety of passers-by, the owner may be able to claim the cost of repairing or demolishing the building so as to make it safe.
		+	* Also, if damage to the building causes damage to other property of the claimant, costs can be recovered in respect of the other property.
		+	* As a result, subsequent owners have relied upon collateral warranties
		+	* Contracts (Rights of Third Parties) Act however, confers rights to enforce contractual terms on perties who are not party to that contract
		+
		+	Hedley Byrne & Co Ltd v Heller & Partners Ltd
		+
		+	* The professional may owe a duty when giving advice to avoid causing economic loss to third parties who rely upon that advice

	= Liability for breach of contract =		= Liability for breach of contract =
Line 47:		Line 52:

	== Express terms ==		== Express terms ==
−	*Incorporated by the use of standard forms of appointment.	+
−	*Made orally or in correspondence.	+	* Incorporated by the use of standard forms of appointment.
		+	* Made orally or in correspondence.

	== Implied terms ==		== Implied terms ==
−	*Terms may be implied as a matter of law. That is to say they are implied as a matter of policy and are of general application to all contracts. Further terms may be implied as a matter of fact. That is to say as a matter of construction of the presumed intention of the parties to a particular contract.	+
−	*For example, it may be implied by the Supply of Goods and Services Act 1982 that the architect must use reasonable skill and care.	+	* Terms may be implied as a matter of law. That is to say they are implied as a matter of policy and are of general application to all contracts. Further terms may be implied as a matter of fact. That is to say as a matter of construction of the presumed intention of the parties to a particular contract.
−	*In the absence of express terms as to time, to carry out the work within a reasonable time.	+	* For example, it may be implied by the Supply of Goods and Services Act 1982 that the architect must use reasonable skill and care.
		+	* In the absence of express terms as to time, to carry out the work within a reasonable time.

	== Breach of contract ==		== Breach of contract ==
−	*If an architect does not perform their obligations under a contract, they will have committed a breach of contract.	+
−	*Liability will be measured in damages.	+	* If an architect does not perform their obligations under a contract, they will have committed a breach of contract.
−	*That sum may exceed the architects fees.	+	* Liability will be measured in damages.
−	*The extent to which the architect is liable may be limited by a limitation clause.	+	* That sum may exceed the architects fees.
−	*Liability for breach of contract includes liability for consequential loss in so far as those losses are of a reasonably foreseeable type	+	* The extent to which the architect is liable may be limited by a limitation clause.
		+	* Liability for breach of contract includes liability for consequential loss in so far as those losses are of a reasonably foreseeable type

	= Find out more =		= Find out more =

	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
−	*Architect.~~<br/>~~	+
−	*Appointing consultants.~~<br/>~~	+	* Architect.
−	*Breach of contract.	+	* Appointing consultants.
−	*Consequential loss.	+	* Breach of contract.
−	*Contract.	+	* Consequential loss.
−	*Express terms.	+	* Contract.
−	*Implied terms.	+	* Express terms.
−	*Measure of damages.	+	* Implied terms.
−	*Professional indemnity insurance.~~<br/>~~	+	* Measure of damages.
−	*Tort.	+	* Professional indemnity insurance.
		+	* Tort.

	[[Category:Articles_needing_more_work]]		[[Category:Articles_needing_more_work]]

Designing Buildings: Reverted edits by 194.83.68.90 (talk) to last revision by Designing Buildings

2016-10-11T15:32:34Z

Reverted edits by 194.83.68.90 (talk) to last revision by Designing Buildings

← Older revision		Revision as of 15:32, 11 October 2016
Line 1:		Line 1:
		+
	This article needs more work. To help develop this article, click 'Edit this article' above.		This article needs more work. To help develop this article, click 'Edit this article' above.

−	= ~~PPAP~~ =	+	= Sources of liability =

−	~~I have a pen I have a Apple, UH! Apple-pen.~~	+	An architect may be liable to their client for:
−		+	*Breach of contract.
−	~~(Apple-pen !)~~	+	*Through the tort of negligence.
−		+	*Under statute.
−	~~I have a pen I have Pineapple, UH! Pineapple-pen.~~	+
−		+
−	~~(Pineapple-pen !)~~	+
−		+
−	~~Apple-pen, Pineapple-pen UH!~~	+
−		+
−	~~(Pen-Pineapple-Apple-PenPineapple-pen !)~~	+
−		+
−	~~Pen-Pineapple-Apple-pen~~	+
−		+
−	~~(Pen-Pineapple-Apple-PenPineapple-pen !)~~	+
−		+
−	An architect may be liable to their client for: ~~Pen pineapple apple pen~~	+
−		+
−	* Breach of contract.	+
−	* Through the tort of negligence.	+
−	* Under statute.	+

	The question of professional liability can be approached under the following headings:		The question of professional liability can be approached under the following headings:
		+	*A minimum standard of reasonable skill and care is to be exercised in the discharge of professional duties carried out under the contract.
		+	*A higher duty to achieve particular results, comparable with the duty generally placed upon a builder, may be contracted for.
		+	*Duties under the law of tort to third parties may also be owed to a client concurrent with a contractual duty.
		+	*A more specialist duty may be owed in tort when giving advice whether to a client or to a third party.
		+	*Additional duties may be imposed by statutes.

−	* A minimum standard of ~~reasonable skill and~~ care ~~is to be exercised in the discharge of professional duties carried out under the contract.~~	+	= Contractual duty of care =
−	* A higher duty to achieve particular results, comparable with the duty generally placed upon a builder, may be contracted for.	+	*An architect has a duty to use reasonable skill and care in the course of employment.
−	* Duties under the law of tort to third parties may also be owed to a client concurrent with a contractual duty.	+	*An architect will be tested against the conduct of other architects.
−	* A more specialist duty may be owed in tort when giving advice whether to a client or to a third party.	+	*The courts recognise that failure is not conclusive evidence of breach of duty: ‘The surgeon does not warrant that he will cure the patient, nor does the solicitor warrant that he will win the case’
−	* Additional duties may be imposed by statutes.	+
−	* An a lovely slice of Wensleydale.	+
−		+
−	~~= David FerrisWheel~~ =	+
−		+
−	* An architect has a duty to use reasonable skill and care in the course of employment.	+
−	* An architect will be tested against the conduct of other architects.	+
−	* The courts recognise that failure is not conclusive evidence of breach of duty: ‘The surgeon does not warrant that he will cure the patient, nor does the solicitor warrant that he will win the case’	+

	= Contractual duty of result =		= Contractual duty of result =
−		+	*An architect can, under the express terms of a contract, take on the responsibility to ensure that the end product will perform as required.
−	* An architect can, under the express terms of a contract, take on the responsibility to ensure that the end product will perform as required.	+	*This is a much more onerous standard and will have implications for the architect's professional indmnity insurance.
−	* This is a much more onerous standard and will have implications for the architect's professional indmnity insurance.	+	*Such a duty is most likely to arise in design and build contracts where the architect is employed by the contractor, who generally has a duty to achieve a certain result.
−	* Such a duty is most likely to arise in design and build contracts where the architect is employed by the contractor, who generally has a duty to achieve a certain result.	+	*If the architect's involvement is either as part of a package deal to design, supply and erect an end product, or to design something to comply with stated performance criteria then they may be obliged to ensure that the finished article is fit for purpose
−	* If the architect's involvement is either as part of a package deal to design, supply and erect an end product, or to design something to comply with stated performance criteria then they may be obliged to ensure that the finished article is fit for purpose	+

	= Duties in tort to clients and third parties =		= Duties in tort to clients and third parties =

	Murphy v Brentwood District Council 1990		Murphy v Brentwood District Council 1990
		+	*Severely limited the remedies available to third parties by restricting the losses which can be recovered in tort.
		+	*Recoverable losses are now limited to personal injury and physical damage to property.
		+	*Pure economic loss cannot be recovered including reduction in the value of property as a result of damage.
		+	*No duty owed in tort to protect building owners/occupiers from the cost of repairing defects in their buildings or financial losses incurred by reason of remedial works.
		+	*However, if a building has defects that threaten the safety of passers-by, the owner may be able to claim the cost of repairing or demolishing the building so as to make it safe.
		+	*Also, if damage to the building causes damage to other property of the claimant, costs can be recovered in respect of the other property.
		+	*As a result, subsequent owners have relied upon collateral warranties
		+	*Contracts (Rights of Third Parties) Act however, confers rights to enforce contractual terms on perties who are not party to that contract

−	* Severely limited the remedies available to third parties by restricting the losses which can be recovered in tort.	+	Hedley Byrne & Co Ltd v Heller & Partners Ltd
−	* Recoverable losses are now limited to personal injury and physical damage to property.	+	*The professional may owe a duty when giving advice to avoid causing economic loss to third parties who rely upon that advice
−	* Pure economic loss cannot be recovered including reduction in the value of property as a result of damage.	+
−	* No duty owed in tort to protect building owners/occupiers from the cost of repairing defects in their buildings or financial losses incurred by reason of remedial works.	+
−	* However, if a building has defects that threaten the safety of passers-by, the owner may be able to claim the cost of repairing or demolishing the building so as to make it safe.	+
−	* Also, if damage to the building causes damage to other property of the claimant, costs can be recovered in respect of the other property.	+
−	* As a result, subsequent owners have relied upon collateral warranties	+
−	* Contracts (Rights of Third Parties) Act however, confers rights to enforce contractual terms on perties who are not party to that contract	+
−		+
−	Hedley Byrne &~~amp;~~ Co Ltd v Heller &~~amp;~~ Partners Ltd	+
−		+
−	* The professional may owe a duty when giving advice to avoid causing economic loss to third parties who rely upon that advice	+

	= Liability for breach of contract =		= Liability for breach of contract =
Line 69:		Line 47:

	== Express terms ==		== Express terms ==
−		+	*Incorporated by the use of standard forms of appointment.
−	* Incorporated by the use of standard forms of appointment.	+	*Made orally or in correspondence.
−	* Made orally or in correspondence.	+

	== Implied terms ==		== Implied terms ==
−		+	*Terms may be implied as a matter of law. That is to say they are implied as a matter of policy and are of general application to all contracts. Further terms may be implied as a matter of fact. That is to say as a matter of construction of the presumed intention of the parties to a particular contract.
−	* Terms may be implied as a matter of law. That is to say they are implied as a matter of policy and are of general application to all contracts. Further terms may be implied as a matter of fact. That is to say as a matter of construction of the presumed intention of the parties to a particular contract.	+	*For example, it may be implied by the Supply of Goods and Services Act 1982 that the architect must use reasonable skill and care.
−	* For example, it may be implied by the Supply of Goods and Services Act 1982 that the architect must use reasonable skill and care.	+	*In the absence of express terms as to time, to carry out the work within a reasonable time.
−	* In the absence of express terms as to time, to carry out the work within a reasonable time.	+

	== Breach of contract ==		== Breach of contract ==
−		+	*If an architect does not perform their obligations under a contract, they will have committed a breach of contract.
−	* If an architect does not perform their obligations under a contract, they will have committed a breach of contract.	+	*Liability will be measured in damages.
−	* Liability will be measured in damages.	+	*That sum may exceed the architects fees.
−	* That sum may exceed the architects fees.	+	*The extent to which the architect is liable may be limited by a limitation clause.
−	* The extent to which the architect is liable may be limited by a limitation clause.	+	*Liability for breach of contract includes liability for consequential loss in so far as those losses are of a reasonably foreseeable type
−	* Liability for breach of contract includes liability for consequential loss in so far as those losses are of a reasonably foreseeable type	+

	= Find out more =		= Find out more =

	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
−		+	*Architect.<br/>
−	* Architect.	+	*Appointing consultants.<br/>
−	* Appointing consultants.	+	*Breach of contract.
−	* Breach of contract.	+	*Consequential loss.
−	* Consequential loss.	+	*Contract.
−	* Contract.	+	*Express terms.
−	* Express terms.	+	*Implied terms.
−	* Implied terms.	+	*Measure of damages.
−	* Measure of damages.	+	*Professional indemnity insurance.<br/>
−	* Professional indemnity insurance.	+	*Tort.
−	* Tort.	+

	[[Category:Articles_needing_more_work]]		[[Category:Articles_needing_more_work]]

194.83.68.90 at 15:18, 11 October 2016

2016-10-11T15:18:39Z

← Older revision		Revision as of 15:18, 11 October 2016
Line 34:		Line 34:
	* An a lovely slice of Wensleydale.		* An a lovely slice of Wensleydale.

−	= ~~Contractual duty of care~~ =	+	= David FerrisWheel =

	* An architect has a duty to use reasonable skill and care in the course of employment.		* An architect has a duty to use reasonable skill and care in the course of employment.

194.83.68.90 at 15:17, 11 October 2016

2016-10-11T15:17:52Z

← Older revision		Revision as of 15:17, 11 October 2016
Line 32:		Line 32:
	* A more specialist duty may be owed in tort when giving advice whether to a client or to a third party.		* A more specialist duty may be owed in tort when giving advice whether to a client or to a third party.
	* Additional duties may be imposed by statutes.		* Additional duties may be imposed by statutes.
		+	* An a lovely slice of Wensleydale.

	= Contractual duty of care =		= Contractual duty of care =

194.83.68.90 at 15:16, 11 October 2016

2016-10-11T15:16:08Z

← Older revision		Revision as of 15:16, 11 October 2016
Line 2:		Line 2:

	= PPAP =		= PPAP =
		+
		+	I have a pen I have a Apple, UH! Apple-pen.
		+
		+	(Apple-pen !)
		+
		+	I have a pen I have Pineapple, UH! Pineapple-pen.
		+
		+	(Pineapple-pen !)
		+
		+	Apple-pen, Pineapple-pen UH!
		+
		+	(Pen-Pineapple-Apple-PenPineapple-pen !)
		+
		+	Pen-Pineapple-Apple-pen
		+
		+	(Pen-Pineapple-Apple-PenPineapple-pen !)

	An architect may be liable to their client for: Pen pineapple apple pen		An architect may be liable to their client for: Pen pineapple apple pen

194.83.68.90 at 15:12, 11 October 2016

2016-10-11T15:12:09Z

← Older revision		Revision as of 15:12, 11 October 2016
Line 1:		Line 1:
	This article needs more work. To help develop this article, click 'Edit this article' above.		This article needs more work. To help develop this article, click 'Edit this article' above.

−	= ~~Sources of liability~~ =	+	= PPAP =

	An architect may be liable to their client for: Pen pineapple apple pen		An architect may be liable to their client for: Pen pineapple apple pen

194.83.68.90 at 15:10, 11 October 2016

2016-10-11T15:10:39Z

← Older revision		Revision as of 15:10, 11 October 2016
Line 1:		Line 1:
−
	This article needs more work. To help develop this article, click 'Edit this article' above.		This article needs more work. To help develop this article, click 'Edit this article' above.

	= Sources of liability =		= Sources of liability =

−	An architect may be liable to their client for:	+	An architect may be liable to their client for: Pen pineapple apple pen
−	*Breach of contract.	+
−	*Through the tort of negligence.	+	* Breach of contract.
−	*Under statute.	+	* Through the tort of negligence.
		+	* Under statute.

	The question of professional liability can be approached under the following headings:		The question of professional liability can be approached under the following headings:
−	*A minimum standard of reasonable skill and care is to be exercised in the discharge of professional duties carried out under the contract.	+
−	*A higher duty to achieve particular results, comparable with the duty generally placed upon a builder, may be contracted for.	+	* A minimum standard of reasonable skill and care is to be exercised in the discharge of professional duties carried out under the contract.
−	*Duties under the law of tort to third parties may also be owed to a client concurrent with a contractual duty.	+	* A higher duty to achieve particular results, comparable with the duty generally placed upon a builder, may be contracted for.
−	*A more specialist duty may be owed in tort when giving advice whether to a client or to a third party.	+	* Duties under the law of tort to third parties may also be owed to a client concurrent with a contractual duty.
−	*Additional duties may be imposed by statutes.	+	* A more specialist duty may be owed in tort when giving advice whether to a client or to a third party.
		+	* Additional duties may be imposed by statutes.

	= Contractual duty of care =		= Contractual duty of care =
−	*An architect has a duty to use reasonable skill and care in the course of employment.	+
−	*An architect will be tested against the conduct of other architects.	+	* An architect has a duty to use reasonable skill and care in the course of employment.
−	*The courts recognise that failure is not conclusive evidence of breach of duty: ‘The surgeon does not warrant that he will cure the patient, nor does the solicitor warrant that he will win the case’	+	* An architect will be tested against the conduct of other architects.
		+	* The courts recognise that failure is not conclusive evidence of breach of duty: ‘The surgeon does not warrant that he will cure the patient, nor does the solicitor warrant that he will win the case’

	= Contractual duty of result =		= Contractual duty of result =
−	*An architect can, under the express terms of a contract, take on the responsibility to ensure that the end product will perform as required.	+
−	*This is a much more onerous standard and will have implications for the architect's professional indmnity insurance.	+	* An architect can, under the express terms of a contract, take on the responsibility to ensure that the end product will perform as required.
−	*Such a duty is most likely to arise in design and build contracts where the architect is employed by the contractor, who generally has a duty to achieve a certain result.	+	* This is a much more onerous standard and will have implications for the architect's professional indmnity insurance.
−	*If the architect's involvement is either as part of a package deal to design, supply and erect an end product, or to design something to comply with stated performance criteria then they may be obliged to ensure that the finished article is fit for purpose	+	* Such a duty is most likely to arise in design and build contracts where the architect is employed by the contractor, who generally has a duty to achieve a certain result.
		+	* If the architect's involvement is either as part of a package deal to design, supply and erect an end product, or to design something to comply with stated performance criteria then they may be obliged to ensure that the finished article is fit for purpose

	= Duties in tort to clients and third parties =		= Duties in tort to clients and third parties =

	Murphy v Brentwood District Council 1990		Murphy v Brentwood District Council 1990
−	*Severely limited the remedies available to third parties by restricting the losses which can be recovered in tort.
−	*Recoverable losses are now limited to personal injury and physical damage to property.
−	*Pure economic loss cannot be recovered including reduction in the value of property as a result of damage.
−	*No duty owed in tort to protect building owners/occupiers from the cost of repairing defects in their buildings or financial losses incurred by reason of remedial works.
−	*However, if a building has defects that threaten the safety of passers-by, the owner may be able to claim the cost of repairing or demolishing the building so as to make it safe.
−	*Also, if damage to the building causes damage to other property of the claimant, costs can be recovered in respect of the other property.
−	*As a result, subsequent owners have relied upon collateral warranties
−	*Contracts (Rights of Third Parties) Act however, confers rights to enforce contractual terms on perties who are not party to that contract

−	Hedley Byrne & Co Ltd v Heller & Partners Ltd	+	* Severely limited the remedies available to third parties by restricting the losses which can be recovered in tort.
−	*The professional may owe a duty when giving advice to avoid causing economic loss to third parties who rely upon that advice	+	* Recoverable losses are now limited to personal injury and physical damage to property.
		+	* Pure economic loss cannot be recovered including reduction in the value of property as a result of damage.
		+	* No duty owed in tort to protect building owners/occupiers from the cost of repairing defects in their buildings or financial losses incurred by reason of remedial works.
		+	* However, if a building has defects that threaten the safety of passers-by, the owner may be able to claim the cost of repairing or demolishing the building so as to make it safe.
		+	* Also, if damage to the building causes damage to other property of the claimant, costs can be recovered in respect of the other property.
		+	* As a result, subsequent owners have relied upon collateral warranties
		+	* Contracts (Rights of Third Parties) Act however, confers rights to enforce contractual terms on perties who are not party to that contract
		+
		+	Hedley Byrne & Co Ltd v Heller & Partners Ltd
		+
		+	* The professional may owe a duty when giving advice to avoid causing economic loss to third parties who rely upon that advice

	= Liability for breach of contract =		= Liability for breach of contract =
Line 47:		Line 52:

	== Express terms ==		== Express terms ==
−	*Incorporated by the use of standard forms of appointment.	+
−	*Made orally or in correspondence.	+	* Incorporated by the use of standard forms of appointment.
		+	* Made orally or in correspondence.

	== Implied terms ==		== Implied terms ==
−	*Terms may be implied as a matter of law. That is to say they are implied as a matter of policy and are of general application to all contracts. Further terms may be implied as a matter of fact. That is to say as a matter of construction of the presumed intention of the parties to a particular contract.	+
−	*For example, it may be implied by the Supply of Goods and Services Act 1982 that the architect must use reasonable skill and care.	+	* Terms may be implied as a matter of law. That is to say they are implied as a matter of policy and are of general application to all contracts. Further terms may be implied as a matter of fact. That is to say as a matter of construction of the presumed intention of the parties to a particular contract.
−	*In the absence of express terms as to time, to carry out the work within a reasonable time.	+	* For example, it may be implied by the Supply of Goods and Services Act 1982 that the architect must use reasonable skill and care.
		+	* In the absence of express terms as to time, to carry out the work within a reasonable time.

	== Breach of contract ==		== Breach of contract ==
−	*If an architect does not perform their obligations under a contract, they will have committed a breach of contract.	+
−	*Liability will be measured in damages.	+	* If an architect does not perform their obligations under a contract, they will have committed a breach of contract.
−	*That sum may exceed the architects fees.	+	* Liability will be measured in damages.
−	*The extent to which the architect is liable may be limited by a limitation clause.	+	* That sum may exceed the architects fees.
−	*Liability for breach of contract includes liability for consequential loss in so far as those losses are of a reasonably foreseeable type	+	* The extent to which the architect is liable may be limited by a limitation clause.
		+	* Liability for breach of contract includes liability for consequential loss in so far as those losses are of a reasonably foreseeable type

	= Find out more =		= Find out more =

	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
−	*Architect.~~<br/>~~	+
−	*Appointing consultants.~~<br/>~~	+	* Architect.
−	*Breach of contract.	+	* Appointing consultants.
−	*Consequential loss.	+	* Breach of contract.
−	*Contract.	+	* Consequential loss.
−	*Express terms.	+	* Contract.
−	*Implied terms.	+	* Express terms.
−	*Measure of damages.	+	* Implied terms.
−	*Professional indemnity insurance.~~<br/>~~	+	* Measure of damages.
−	*Tort.	+	* Professional indemnity insurance.
		+	* Tort.

	[[Category:Articles_needing_more_work]]		[[Category:Articles_needing_more_work]]