Design

Design guidance:

What is BREEAM? The Building Research Establishment’s Environmental Assessment Methodology (BREEAM) is a method for evaluating and certifying the environmental...

Practice Note

The nature of construction projects, the contracts agreed and the law surrounding them, means that claims are commonly made by one or more parties. This Practice Note...

Practice Note

ARCHIVED: This Practice Note has been archived and is not maintained. This article appears as originally published in Construction Law on 1 March 2018 and is not...

Practice Note

The question of who owns intellectual property in the designs, drawings, specifications etc, created in relation to a construction project is very important for all the...

Practice Note

The question of who owns intellectual property in the designs, drawings, specifications etc created in relation to a construction project is very important for all the...

Practice Note

Copyright 1 The Consultant, as beneficial owner, grants to the Employer an irrevocable, royalty-free, non-exclusive licence to use and to reproduce the Documents for any...

Precedents

This Agreement is made on [insert date] (the Commencement Date) between the following parties (each a party and together the parties): Parties 1 [insert licensor name] a...

Precedents

Deleterious materials Consultant 1 The Consultant warrants to the Employer that: 1.1 any materials which the Consultant specifies or authorises for use in the...

Precedents

What is meant by design liability? If a party is said to have ‘design liability’, it means that they bear legal responsibility for all or part of the design of a...

Practice Note

The allocation of design responsibility is a key consideration in any construction project, as this will determine which party bears the risk of the design being...

Practice Note

This Practice Note examines the extent to which contractors, sub-contractors and consultants have a duty to warn their employer of inadequacies that they discover in...

Practice Note

1 The Contractor has examined the Employer’s Requirements and the Contractor is satisfied that the Contractor’s Proposals will meet the Employer’s Requirements and...

Precedents

Introduction This Practice Note examines design under the 1999 editions of the Red, Yellow and Silver Books, the Gold Book 2008 and the Pink Book 2010. For a look at...

Practice Note

This Practice Note looks at the design obligations in the 2017 editions of the FIDIC contracts (Red, Yellow and Silver Books) and considers fitness of purpose and...

Practice Note

Fitness for purpose Fitness for purpose warranty 1 The Contractor warrants to the Employer that the Works will be fit for their purposes as made known to the Contractor...

Precedents

A contractor or consultants’ standard of care in relation to design is a common source of disagreement between the parties to a construction project. In most cases the...

Practice Note

This Practice Note considers the obligations in relation to design in the JCT suite of contracts—primarily the Design and Build Contract (D&B) and the Standard Building...

Practice Note

Some suites of construction contracts include separate forms of contract to be used where the contractor is to take responsibility for designing, as well as building, the...

Practice Note

This Practice Note is a negotiation guide, looking at some of the most common issues that arise in relation to design in the drafting and negotiation of building...

Practice Note

What are prohibited or deleterious materials? Most building contracts, sub-contracts, consultants’ appointments and collateral warranties will include provisions dealing...

Practice Note

This Practice Note looks at Employer’s Requirements (also referred to as ERs) within a building contract. It explains what Employer’s Requirements are and how, depending...

Practice Note

Reasonable skill and care Under its appointment, a consultant has a contractual duty of care and, alongside that, a duty of care in tort. The standard imposed on the...

Practice Note

What is the RIBA Plan of Work? The RIBA Plan of Work 2013 maps out the structure of the design process for a construction project, setting out tasks and outputs at each...

Practice Note
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