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GLOSSARY
A visual arts collecting society whose members are visual artists. The society collects and distributes royalties to visual artists and their estates through payback, artist's resale right, copyright licensing and artimage.
PRACTICE NOTES
What is a design and access statement? A design and access statement (DAS) is a concise report accompanying certain applications for planning permission and listed building consent which explains the design principles and concepts that have led to the development proposal, and how issues relating to access to the development have been dealt with. There are specific elements set out in regulations which must be included in a DAS. DASs provide a framework for applicants and their designers to demonstrate their commitment to achieving good design and ensuring accessibility in their proposals. They explain how the proposed development is a suitable response to the site and its setting and to statutory obligations and policy guidelines. A well-drafted DAS can aid decision-making by enabling local planning authorities (LPAs) and consultees to better understand the analysis that has underpinned the design of a development proposal. In theory, this should help negotiations and decision-making and should improve the quality, sustainability and inclusiveness of a development. They also provide a clear and non-technical description of the proposal for local communities, access
GLOSSARY
A method of construction procurement where the contractor'>main contractor is responsible for the design of the works as well as construction.
GLOSSARY
A contract in which the employer hands over responsibility for both designing and building the project to a contractor.
PRACTICE NOTES
What is design and build? At its simplest, design and build (D&B): • is a project delivery system under which a single entity (the D&B contractor) assumes responsibility for both the design and construction phases of a project, and • can provide the employer with a single point of contact and responsibility, reducing the employer’s risk. Although the D&B carries more risk for the D&B contractor, this is addressed through pricing What is D&B insurance and why is it needed? D&B insurance is, essentially, a form of professional indemnity insurance cover, and bears a number of similarities to the cover available to design professionals such as architects, surveyors and engineers: • the conditions, extensions and exclusions in standard D&B wording will in many respects be materially the same as that in an architect’s professional indemnity policy • it is also on a ‘claims made’ (ie claims will be covered as long as they are notified within
PRACTICE NOTES
This Practice Note explains what design and build (commonly referred to as ‘D&B’) procurement is. It also considers why an employer would decide to use this method of procurement. It looks at the structure of a construction project procured via the design and build route, the factors that need to be considered in deciding whether to adopt this method of procurement (particularly design responsibility and risk allocation) and what the advantages may be to the parties (particularly the employer) of taking this approach rather than procuring the project via traditional procurement (or another alternative method of procurement). What is design and build procurement? The contractual method by which the employer decides to procure a construction project is a key factor in determining the cost-effectiveness, quality and overall success of the project and the employer’s satisfaction with the end result. This choice will be influenced by the time available for tendering and for completion of the project, the method of financing and the expertise of the developer—see Practice Note: Choosing the right procurement method—construction projects. Typically, an employer
GLOSSARY
A method of construction procurement where the contractor'>main contractor is responsible for the design of the works as well as construction.
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PRACTICE NOTES
The issue of which party is responsible for design and how this risk is apportioned is central to all construction contracts. EPC contracts resemble design and build contracts insofar as they involve single-point responsibility for supply of an asset. However, a design and build contract will involve a design that has been generated by a third-party engineer or architect, although the contractor may bear some responsibility for that design—for example, in some jurisdictions it may be obliged to warn the employer of defects in the design, even though the design was prepared by a third party. Under an EPC contract, the general position is that, subject to the requirements of the employer and project-specific concerns, a contractor carries out the bulk of design work for a project and, consequently, carries the majority of the design risk. The essence of the EPC contract is that the contractor will deliver a complete facility to the employer, who need only turn the key for the facility to become operational. This Practice Note looks at how this arrangement
NEWS
The Ministry of Housing, Communities and Local Government has published a consultation seeking views on the usability of a consolidated draft of Design and Placemaking Planning Practice Guidance and associated changes to national planning policy. The consultation seeks views on the clarity and usability of the draft consolidated design and placemaking guidance, its relationship with the draft text and the NPPF, and related proposed changes to national planning policy, to help refine the final guidance so it effectively supports good design and placemaking in plan-making and decision-taking.
GLOSSARY
In legal practice, a design defect describes a flaw inherent in the way a product, structure or system is conceived, specified or engineered, as opposed to a one-off manufacturing or workmanship error. It typically gives rise to liability where the design causes unreasonable risk of injury, damage or non-compliance with required standards.In product liability, practitioners use “design defect” to identify products made unsafe by their design or by inadequate warnings/instructions. Statute defines “defect” by reference to the safety the public is entitled to expect (Consumer Protection Act 1987 in the UK; Liability for Defective Products Act 1991 in Ireland, implementing the EU Product Liability Directive). Although the legislation does not label “design defect” separately, it is a useful descriptive category. Liability is broadly strict for producers and importers, subject to statutory defences (including “development risks/state of the art”).In construction and professional negligence, a design defect is an error, omission or inadequacy in drawings, specifications or calculations causing failure or non-compliance. Liability generally turns on contractual obligations and the duty to exercise reasonable skill and care, unless a stricter fitness-for-purpose obligation has been assumed (often expressly in design and build). Usage and core principles are broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland (with Scots law framed in delict).
PRACTICE NOTES
Managing a design dispute This Practice Note sets out the practical and strategic considerations to be taken into account by practitioners and their clients when bringing a claim for infringement of design rights in the UK, and when defending such a claim and/or counterclaiming for invalidity. It includes key issues for right holders (or claimants) to check when deciding which rights to rely on and the main points to be established when planning an infringement case, including practical tips on evidence gathering. It considers best practice when drafting statements of case and the strategic issues to be addressed when deciding on the appropriate forum for the dispute. It also includes key issues for alleged infringers (or defendants) to take into account when preparing their defence and counterclaim, and searching for prior designs. It sets out guidance given by the courts on efficient case management and summarises alternative routes to resolving disputes if litigation is not appropriate. Litigating design disputes can seem daunting because there are a number of overlapping rights that coexist in the UK. Design cases are less