Cornes and Lupton's design liability in the construction industry / Sarah Lupton, MA DipArch LLM FCIArb CArb RIBA Professor, Welsh School of Architecture, Cardiff University Partner, Lupton Stellakis.

Format:

Book

Author/Creator:

Lupton, Sarah.

Contributor:

Cornes, David L.

Language:

English

Subjects (All):

Architects--Malpractice--Great Britain.

Architects.

Engineers--Malpractice--Great Britain.

Engineers.

Construction contracts--Great Britain.

Construction contracts.

Physical Description:

1 online resource (442 p.)

Edition:

Fifth edition.

Place of Publication:

London : Wiley Blackwell, 2013.

Language Note:

English

Summary:

Liability for the design of a building or structure is of fundamental concern to construction professionals, design-build contractors, specialist sub-contractors, and lawyers. Although other texts cover a wide range of aspects of liability, only Cornes and Lupton's Design Liability in Construction draws together all those matters that relate specifically to design. A number of factors have come together recently and are addressed in this significant update and rewrite of the 4th edition, including: popularity of design & build procurementpartnering arrangem

Contents:

Cover; Title page; Copyright page; Contents; Acknowledgements; Preface; Chapter 1: The Industry Context; 1.1 What is design?; 1.2 Procurement routes; 1.2.1 Traditional; 1.2.2 Traditional plus design; 1.2.3 Design-build; 1.2.4 Management methods; 1.2.5 'Turnkey' contracting; 1.2.6 Partnering; 1.2.7 Prime contracting; 1.2.8 Integrated project delivery and BIM; 1.3 The construction professions: who are the designers?; 1.3.1 Architect; 1.3.2 Engineers; 1.3.3 Surveyors; 1.3.4 General and specialist contractors; 1.3.5 Construction Industry Council (CIC); Chapter 2: Liability under Contract

2.1 Formation of a contract2.1.1 Problems with contract formation; 2.2 Terms of the contract; 2.2.1 Express terms; 2.2.2 Implied terms; 2.2.3 Terms implied by statute; 2.3 Exemption clauses; 2.3.1 Unfair Contract Terms Act 1977; 2.3.2 Unfair Terms in Consumer Contracts Regulations 1999; 2.4 Privity of contract; 2.4.1 Contracts (Rights of Third Parties) Act 1999; 2.5 Assignment; Chapter 3: Liability under Tort: Part 1; 3.1 Definition of a tort; 3.2 Liability and parties in tort; 3.3 Vicarious liability; 3.4 Negligence; 3.4.1 Existence of a duty of care; 3.5 Historical perspective

3.5.1 1932-19643.5.2 1972-1978; 3.6 Anns v Merton London Borough Council (1978); 3.7 Junior Books (1983); 3.8 1985-1988: the retreat; 3.9 D & F Estates Ltd v Church Commissioners for England (1988); 3.10 Murphy v Brentwood District Council (1990); 3.11 Tests for establishing a duty of care in respect of economic loss; 3.12 Contract and tort concurrently?; 3.13 Summary of the position in 1994; Chapter 4: Liability under Tort: Part 2 (Post-Murphy); 4.1 Liability for physical injury and damage to other property; 4.2 The 'complex structure' theory after Murphy; 4.3 What if a defect is patent?

4.4 Liability for economic loss4.5 Application of the tests following Henderson v Merrett; 4.6 Contractors' liability for pure economic loss; 4.7 Consultants' liability for pure economic loss; 4.8 Summary of the position in 2013; Chapter 5: Liability under Statute; 5.1 Defective Premises Act 1972; 5.2 Building Act 1984; 5.2.1 Section 38 of the Building Act 1984; 5.3 Health and safety; 5.3.1 Construction (Design and Management) (CDM) Regulations 2007; 5.4 Copyright; 5.4.1 Copyright, Designs and Patents Act 1988; 5.4.2 Copyright under SA10; Chapter 6: Liability for Professional Negligence

6.1 Reasonable skill and care6.1.1 Reasonable skill and care: the test; 6.2 Application of the test to designers; 6.3 Examples of failure to take care; 6.4 Special skills; 6.5 'State of the art' defence; Chapter 7: 'Fitness for Purpose' Liability; 7.1 Contractors' obligations; 7.1.1 Obligation as to materials; 7.1.2 Obligation as to workmanship; 7.1.3 Design and construction of a house; 7.1.4 Design and construction of other buildings; 7.2 Reliance and partial reliance; 7.3 Consultants and strict liability; 7.4 Contractor's duty to warn; 7.4.1 Origins of the duty

7.4.2 Development of the duty

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on online resource; title from PDF title page (ebrary, viewed October 10, 2013).

Related Work:

Cornes, David L. Design liability in the construction industry.

ISBN:

1-4443-6116-3

1-4443-6113-9

OCLC:

862103781