Net - advantage consumer
Legal digest
In her next instalment, construction lawyer Najma Dunnett looks at West & Anor v Ian Finlay & Associates (2013). The case provides salutary lessons to consultants and others with net contribution clauses in their engagement terms who assume they are adequately protected. You may need to think again.
The judge looked at the net contribution clause in this case, applying the Unfair Terms in Consumer Contracts Regulations. This legislation protects consumers against unfair standard terms in contracts with businesses and states that any ambiguity should be interpreted in favour of the consumer. The judge decided the clause was ambiguous and interpreting it in context concluded that it did not encompass Armour, as the main contractor, only the other contractors and specialists appointed directly by the claimants. Consequently, the clause did not limit the defendant’s liability to the claimants rendering him liable for the whole of the loss.
CIOB competition winners
The winner of the 2013 Chartered Institute of Building article competition is… Mark Wilson for his article insulation specification. Mark is principal at the Leeds-based practice, Design Office Architectural Ltd, and developer of BuildingDesignExpert.com. He is a Chartered Architectural Technologist with a passion for building design technology and innovation. His article looks at the realities of insulation, how installations on site rarely achieve manufacturers’ published performance standards, and what sort of insulation is appropriate where.
The four runners-up are:
- Norman McIntosh from Roundhouse Architecture, for his detailed and practical guide to conical roof slating.
- Charles Hippisley-Cox, Senior Lecturer in Building Conservation at the Department of Architecture & 3d Design at Huddersfield University for his extraordinary article on the use of spiders to eradicate woodworm. Woodworm and spiders.
- Rachael Browne, sixth year MArch student at The Robert Gordon University Aberdeen for her beautifully written article about the history and regeneration of the Ballymun high-rise development in Dublin. Ballymun mass housing and regeneration.
- Oliver Latimer, a 2013 graduate in Civil Engineering MEng from Loughborough University for his article on the relative merits of a dynamic rather than static briefing process. Dynamic briefing.
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Featured articles and news
RTPI leader to become new CIOB Chief Executive Officer
Dr Victoria Hills MRTPI, FICE to take over after Caroline Gumble’s departure.
Social and affordable housing, a long term plan for delivery
The “Delivering a Decade of Renewal for Social and Affordable Housing” strategy sets out future path.
A change to adoptive architecture
Effects of global weather warming on architectural detailing, material choice and human interaction.
The proposed publicly owned and backed subsidiary of Homes England, to facilitate new homes.
How big is the problem and what can we do to mitigate the effects?
Overheating guidance and tools for building designers
A number of cool guides to help with the heat.
The UK's Modern Industrial Strategy: A 10 year plan
Previous consultation criticism, current key elements and general support with some persisting reservations.
Building Safety Regulator reforms
New roles, new staff and a new fast track service pave the way for a single construction regulator.
Architectural Technologist CPDs and Communications
CIAT CPD… and how you can do it!
Cooling centres and cool spaces
Managing extreme heat in cities by directing the public to places for heat stress relief and water sources.
Winter gardens: A brief history and warm variations
Extending the season with glass in different forms and terms.
Restoring Great Yarmouth's Winter Gardens
Transforming one of the least sustainable constructions imaginable.
Construction Skills Mission Board launch sector drive
Newly formed government and industry collaboration set strategy for recruiting an additional 100,000 construction workers a year.
New Architects Code comes into effect in September 2025
ARB Architects Code of Conduct and Practice available with ongoing consultation regarding guidance.
Welsh Skills Body (Medr) launches ambitious plan
The new skills body brings together funding and regulation of tertiary education and research for the devolved nation.
Paul Gandy FCIOB announced as next CIOB President
Former Tilbury Douglas CEO takes helm.
UK Infrastructure: A 10 Year Strategy. In brief with reactions
With the National Infrastructure and Service Transformation Authority (NISTA).