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Architects’ liability

James Cross

James Cross, QC – read law at Magdalen College, Oxford and was called to the Bar in 1985. He was appointed a QC in 2006 having ‘proved himself to be “absolutely first class”’ (Chambers UK, 2007). James has an extensive and wide-ranging commercial practice with particular expertise in professional negligence (especially construction industry professionals), construction and engineering, insurance and product liability. Author affiliation details are correct at time of print publication.

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Architect’s Legal Handbook : The Law for Architects

Architectural Press, 2006

Book chapter

... Architects ’ liability J AMES CROSS QC 1 Introduction an architect does not ordinarily owe any stricter (or higher) obli- gation to achieve a particular result; to ensure, for example, that 1 .01 This chapter is principally about...

Planning law in England and Wales

Andrew Fraser-Urquhart

Andrew Fraser-Urquhart, MA (Cantab) – called to the Bar in 1993, having previously been employed by the Bank of England. He practises from 4 – 5 Gray’s Inn Square where he specialises in Town and Country Planning, Local Government and Judicial Review. He has extensive experience in both of planning inquiries and Local Plan work. Author affiliation details are correct at time of print publication.

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Architect’s Legal Handbook : The Law for Architects

Architectural Press, 2006

Book chapter

... Planning law in England and Wales ANDREW FRASER-URQUHART * N ote The Main Acts T hroughout this chapter the following abbreviations are used: 1 .03 Following major reforms in 2004, there are now two prin- TP The Town...

Copyright

Clive Thorne

Clive Thorne – Partner and head of the Intellectual Property Group at Arnold and Porter’s London office. Co-author of A User’s Guide to Copyright and A User’s Guide to Design Law. He studied law at Cambridge and was admitted as a solicitor in 1977. He is also admitted as a solicitor in Hong Kong and as a Barrister and Solicitor in Australia. He is a Fellow of the Chartered Institute of Arbitrators. Author affiliation details are correct at time of print publication.

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Architect’s Legal Handbook : The Law for Architects

Architectural Press, 2006

Book chapter

... Copyright C LIVE THORNE 1 Copyright The restricted acts are specifi ed by the Act in relation to each cat- egory of work and differ for each category. 1 .01 UK copyright law is contained in the Copyright, Designs and A cts done...

Arbitration

Melanie Willems

Melanie Willems, LLB (Hons), MSc Construction Law and Arbitration – the head of International Arbitration at Howrey LLP, a Washington DC-based US firm. Melanie works from the London office, and her focus includes contentious construction and energy matters, both domestically and internationally. Her experience includes UK dispute resolution, international and domestic arbitration, and all forms of Alternative Dispute Resolution, including mediation and expert determination. She publishes and speaks regularly on professional topics. Author affiliation details are correct at time of print publication.

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Architect’s Legal Handbook : The Law for Architects

Architectural Press, 2006

Book chapter

... Arbitration MELANIE WILLEMS 1 What is arbitration? number of construction contracts, architects certify works and issue certifi cates (including fi nal certifi cates). Architects also com- 1. 01 Arbitration is a process whereby...

Legal organisation of architects’ offices

Graham Brown

Graham Brown, ARB, RIBA, FCIArb – Architect, Arbitrator, Adjudicator and Mediator specialising in design, construction, and contract management and in construction industry disputes. Visiting lecturer at schools of architecture in the UK and overseas. Part 3 Examiner for Architects Registration Board and Architectural Association. Formerly director of Tindall Brown Architecture and Principal Lecturer in Law and Management and Director of Professional Training at Portsmouth School of Architecture. Author affiliation details are correct at time of print publication.

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Architect’s Legal Handbook : The Law for Architects

Architectural Press, 2006

Book chapter

... Legal organisation of architects’ offi ces GRAHAM BROWN SCOTTISH POSTSCRIPT BY GORDON GIBB 1 Managing an architectural business defi ned in section 1 as ‘ t he relation which subsists between per- sons carrying on a business...

Architects and the law of employment

Ruth Downing

Ruth Downing – until September 2008 a Barrister in Devereux Chambers, a leading set of employment lawyers, now a Circuit Judge at Croydon Crown Court. After reading law at Cambridge between 1974 and 1977 she was called to the Bar at Grays’ Inn and practised in both criminal and civil work before concentrating on employment law. She was a member of the Treasury Panel for employment work, specialising in discrimination cases. She appeared in a number of leading cases in disability and sex discrimination and latterly in a number of ‘whistleblowing’ cases. Author affiliation details are correct at time of print publication.

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Architect’s Legal Handbook : The Law for Architects

Architectural Press, 2006

Book chapter

... Architects and the law of employment RUTH D OWNING 1 Introduction 2. 03 T he basic relationship between the employer and the indi- vidual worker is defi ned by the contract of employment. This is I n approaching the task of revising...

Professional conduct of architects

Sarah Lupton

Sarah Lupton, MA, DipArch, LLM, RIBA, FCIArb – a partner in Lupton Stellakis and Reader in professional studies at Cardiff University. Lectures widely on subjects relating to construction law, and acts as adjudicator and expert witness in construction disputes. She is a member of a large number of industry and professional committees, and is also an elected member of the Architects Registration Board. Sarah is the author of many books, including a series on standard form building contracts, and is the editor of Which Contract? and The Architect’s Handbook of Practice Management. Author affiliation details are correct at time of print publication.

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Peter Anderson

Peter Anderson, LLB (Hons), currently Senior Litigation Partner at Simpson & Marwick, Ediburgh. In 1992 became a Solicitor-Advocate and in 2002 a Fellow of Royal Incorporation of Architects in Scotland. In 1991 was appointed Royal Incorporation of Architects in Scotland Legal Adviser. In 1994, he became a Tribunal Judge for Criminal Injuries Compensation Appeal Panel and Board; 2002 was appointed Chairman, Disciplinary Tribunal, Institute of Chartered Accounts and in 2003 was appointed judge in sheriff courts, Scotland. Author affiliation details are correct at time of print publication.

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Architect’s Legal Handbook : The Law for Architects

Architectural Press, 2006

Book chapter

... Professional conduct of architects SARAH LUPTON AND PETER ANDERSON 1 Codes of professional conduct 1 .05 F ailure to comply with the ARB Code could result in the removal of the person’s name from the register, terminating...

Statutory authorities in England and Wales

James Strachan

James Strachan, MA (Oxon) – a Barrister at Law practising from 4 – 5 Gray’s Inn Square, London, specialising in public and administrative law, planning and environment, local government, human rights and privacy. He was appointed to the A Panel of the Attorney General’s Counsel to the Crown in 2008 and the Welsh Assembly’s Government Panel of Counsel in 2009. Author affiliation details are correct at time of print publication.

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Architect’s Legal Handbook : The Law for Architects

Architectural Press, 2006

Book chapter

... Statutory authorities in England and Wales JAMES STRACHAN 1 Local government 1 .05 In England outside the London area, the country was divided among six metropolitan areas (West Midlands, Merseyside, I ntroduction: relevant...

Architects’ contracts with clients

Sarah Lupton

Sarah Lupton, MA, DipArch, LLM, RIBA, FCIArb – a partner in Lupton Stellakis and Reader in professional studies at Cardiff University. Lectures widely on subjects relating to construction law, and acts as adjudicator and expert witness in construction disputes. She is a member of a large number of industry and professional committees, and is also an elected member of the Architects Registration Board. Sarah is the author of many books, including a series on standard form building contracts, and is the editor of Which Contract? and The Architect’s Handbook of Practice Management. Author affiliation details are correct at time of print publication.

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Architect’s Legal Handbook : The Law for Architects

Architectural Press, 2006

Book chapter

... Architects ’ contracts with clients S ARAH LUPTON 1 The appointment The architect must consider his position in relation to any other architects who may have been involved in the same scheme. An 1. 01 An architect has many...

Construction legislation in England and Wales

Martin Edwards

Martin Edwards, BSc(Hons)Arch, DipArch, RIBA, AAE, MIFireE – a Chartered Architect with 30 years’ experience of private and public architectural practice, designing and administering hotel, office, exhibition, transportation, transmitting, industrial and housing projects. Principal in private practice 1992 – 2001. He joined Probyn Miers in 2003, contributing to expert reports on construction disputes up to £80 million. He has taken appointments as architect expert since 2005, specialising in fire safety issues. Author affiliation details are correct at time of print publication.

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Murray Armes

Murray Armes, BA(Hons), DipArch, MA, MSc(Constr Law), RIBA, FCIArb – a Chartered Architect, adjudicator, expert witness and CEDR accredited mediator and a director of Probyn Miers Limited. He undertakes architectural consultancy in dispute resolution as an expert witness and adjudicator. He is on the adjudication panels of the Chartered Institute of Arbitrators and the Royal Institute of British Architects and is the Country Representative of the Dispute Resolution Board Foundation. Author affiliation details are correct at time of print publication.

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Architect’s Legal Handbook : The Law for Architects

Architectural Press, 2006

Book chapter

... Construction legislation in England and Wales MARTIN EDWARDS AND MURRAY ARMES* 1 Building Acts and Regulations by local authorities. The Building (Approved Inspectors etc.) Regula- tions 2000 (as amended) set out the procedures...