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Author: Stéphanie van Gulijk
Publisher: Maklu
ISBN: 9046601455
Category : Architecture
Languages : en
Pages : 252
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Book Description
The legal relationship between architects and clients suffers from two basic tensions that have been debated in several European countries. First, the market for design of buildings is not the exclusive domain of architects anymore. Other disciplines have gradually encroached on the architect's core activities. Many new forms of contract have been developed in the construction industry. These market models no longer fit the traditional design contract, departing from the idea that an architect designs a structure that is fit for its purpose and subsequently supervises the realization of the design by the building contractor. Second, designing buildings is a low yield/high risk endeavor. If the obligations of architects under the design contract are not performed well, they are exposed to severe liabilities which may cause serious financial problems. Detailed comparative research on design contracts shows that rule makers have difficulties in dealing with these two tensions. In Europe, considerable differences exist regarding the national rules that apply to the contractual relationship between architects and clients. Therefore, in this study, four regulation issues have been investigated that deal with establishing rules to govern the two tensions: market entry regulation, architect liability, limitation of architect liability, and professional liability insurance. In order to evaluate these regulation issues, a law and economics perspective is applied. The book will help to establish which combination of regulation options is likely to lead to more efficient outcomes. It provides insights in what is the best way to deal with the two tensions in the relationship between architects and clients, and it contributes to establishing a new design for European architect law.
Author: Stéphanie van Gulijk
Publisher: Maklu
ISBN: 9046601455
Category : Architecture
Languages : en
Pages : 252
Get Book Here
Book Description
The legal relationship between architects and clients suffers from two basic tensions that have been debated in several European countries. First, the market for design of buildings is not the exclusive domain of architects anymore. Other disciplines have gradually encroached on the architect's core activities. Many new forms of contract have been developed in the construction industry. These market models no longer fit the traditional design contract, departing from the idea that an architect designs a structure that is fit for its purpose and subsequently supervises the realization of the design by the building contractor. Second, designing buildings is a low yield/high risk endeavor. If the obligations of architects under the design contract are not performed well, they are exposed to severe liabilities which may cause serious financial problems. Detailed comparative research on design contracts shows that rule makers have difficulties in dealing with these two tensions. In Europe, considerable differences exist regarding the national rules that apply to the contractual relationship between architects and clients. Therefore, in this study, four regulation issues have been investigated that deal with establishing rules to govern the two tensions: market entry regulation, architect liability, limitation of architect liability, and professional liability insurance. In order to evaluate these regulation issues, a law and economics perspective is applied. The book will help to establish which combination of regulation options is likely to lead to more efficient outcomes. It provides insights in what is the best way to deal with the two tensions in the relationship between architects and clients, and it contributes to establishing a new design for European architect law.
Author: Charles F. Sabel
Publisher: Oxford University Press on Demand
ISBN: 0199572496
Category : Law
Languages : en
Pages : 385
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Book Description
This book brings together a distinguished interdisciplinary group of European and American scholars to analyze the core theoretical features of the EU's new experimentalist governance architecture and explore its empirical development across a series of key policy domains.
Author: Stefan Grundmann
Publisher: Kluwer Law International B.V.
ISBN: 9041125302
Category : Law
Languages : en
Pages : 394
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Book Description
The nineteen outstanding contributors to this deeply insightful book concur in envisioning a fundamentally new systematic concept of contract law that, while preserving the essential andarchitectureand of the existing European codes, would nonetheless find cogent ways to integrate such modern developments as mass transactions, chains and networks of contracts, regulation of markets and contracts to protect consumers, and service and long-term contracts into an optional European code. The book is organised along three major avenues: and the systematic arrangement of a contract law code - how it deals with core questions of formation and performance or breach of contract, such as mistake and misrepresentation, standard contract terms, and remedies in the case of breach of contract; and the apparent necessity to merge consumer contract law (i.e. such issues as product safety and liability, warranties, and consumer debt and insolvency) with traditional core contract law concepts; and and the importance to substantive contract law of the pre-contractual phase, in which information duties are becoming steadily more paramount. The authors perspectives cover a wide range of jurisdictions, including new EU Member States. The bookands commitment to an integration of comparative law, EC law, and the debate on European codification offers practitioners and academics fertile ground for the development of a new model of contract law that is more than a common denominator of what has been in force so far. This model may serve as a basis for Europe-wide and perhaps even worldwide discussion.
Author: Šejla Imamovic
Publisher: Bloomsbury Publishing
ISBN: 150994060X
Category : Law
Languages : en
Pages : 256
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Book Description
This book analyses the new architecture for the protection of fundamental rights in Europe after the entry into force of the Lisbon Treaty. As a starting point, it identifies how the EU has gained a prominent role in promoting and protecting fundamental rights at European level despite the absence of an unlimited mandate to address fundamental rights violations. This new setting affects the traditional relationship between the EU, the ECHR system and the Member States and, in the absence of EU accession to the ECHR, enhances the risk of tensions and conflicts between the case law of the two European Courts. Examples of these tensions and conflicts are explored in the Area of Freedom Security and Justice, which is one of the most fundamental rights-sensitive areas of EU law and one of the busiest areas of activity for the CJEU. The book offers new insights into existing rules on the resolution of conflicts between EU and ECHR law before mapping out techniques actually used by domestic courts to avoid or address such conflicts.
Author: Leentje Volker
Publisher: Sidestone Press
ISBN: 9088900531
Category : Architecture
Languages : en
Pages : 342
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Book Description
In the past few years the image of tender procedures in which Dutch public clients selected an architect has been dominated by distressing newspaper headlines. Architects fear that the current tender culture will harm the quality of our built environment due to a potential lack of diversity, creativity and innovation in architectural design. Due to potential risks clients often allow legal requirements to overrule their actual wishes. This PhD research addresses the origin of the problems as currently experienced by public commissioning clients in architect selection and proposes pragmatic implications for future practice. It is therefore of interest for commissioning clients, management consultants, policy makers and legal advisors but also for designers and researchers in the field of architecture and decision making.
Author: Anthony Speaight
Publisher: Routledge
ISBN: 1136429360
Category : Architecture
Languages : en
Pages : 420
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Book Description
The Architect's Legal Handbook is the established leading textbook on law for architectural students and most widely used reference on the law for architects in practice. This eighth edition includes all the latest developments in the law that effect an architect's work. A key addition is a greatly expanded section on adjudication - a topic that has become hugely important in the last few years. The book also builds on the comprehensive coverage of all UK law, with editors for Scotland and Northern Ireland expanding their sections.
Author: Anthony Speaight QC
Publisher: Routledge
ISBN: 1000317595
Category : Architecture
Languages : en
Pages : 773
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Book Description
The Architect's Legal Handbook is the most widely used reference on the law for practicing architects and the established textbook on law for architectural students. Since the last edition of this book in 2010, the legal landscape in which architecture is practised has changed significantly: the long-standing procurement model with an architect as contract administrator has been challenged by the growing popularity of design and build contracts, contract notices in place of certificates, and novation of architect’s duties. The tenth edition features all the latest developments in the law which affect an architect's work, as well as providing comprehensive coverage of relevant UK law topics. Key highlights of this edition include: an overview of the legal environment, including contract, tort, and land law; analysis of the statutory framework, including planning law, health and safety, construction legislation, and building regulations in the post-Grenfell legal landscape; procurement and the major industry construction contract forms; building dispute resolution, including litigation, arbitration, adjudication, and mediation; key fields for the architect in practice, including architects’ registration and professional conduct, contracts with clients and collateral warranties, liability in negligence, and insurance; entirely new chapters on various standard form contracts, architects’ responsibility for the work of others, disciplinary proceedings, and data protection; tables of cases, legislation, statutes, and statutory instruments give a full overview of references cited in the text. The Architect’s Legal Handbook is the essential legal reference work for all architects and students of architecture.
Author: Anthony Speaight
Publisher: Butterworth-Heinemann
ISBN: 9780851397511
Category : Arbitration and award
Languages : en
Pages : 254
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Book Description
Author: John Wevill
Publisher: Routledge
ISBN: 100072669X
Category : Architecture
Languages : en
Pages : 309
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Book Description
Intensely practical and clearly written, Law in Practice: the RIBA Legal Handbook is the RIBA’s jargon-free, professional guide to the law as it relates to a construction project. It addresses all the fundamental, up-to-date issues of contemporary construction law, allowing architects to make sound judgements, avoid disputes, and run projects on a safer basis. This new edition has been fully updated to reflect the new RIBA Plan of Work 2013 – the industry’s framework for construction projects – as well as recent case law and other legal updates that the practising architect needs to be aware of. Why does an appointment need to be written? Why does language matter? What is a novation? What does an overall cap on liability mean, and how can you convince a client to agree one? How do you assess an extension of time? When should you notify your insurer of a potential claim? Law in Practice answers all of these questions and many more.
Author: Matthew Cousins
Publisher: Routledge
ISBN: 1351378007
Category : Architecture
Languages : en
Pages : 323
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Book Description
A little book that’s big on information, the Architect’s Legal Pocket Book is the definitive reference guide on legal issues for architects and architectural students. This handy pocket guide covers key legal principles which will help you to quickly understand the law and where to go for further information. Now in its third edition, this bestselling book has been fully updated throughout to provide you with the most current information available. Subjects include contract administration, building legislation, planning, listed buildings, contract law, negligence, liability and dispute resolution. This edition also contains new cases and legislation, government policy, contract terms and certificates including the RIBA contract administration certificates, inspection duties and practical completion, The Building a Safer Future, Proposals for Reform of the Building Safety Regulatory System Report, the Hackitt review, the Report of the Independent Inquiry into the Construction of Edinburgh Schools and practical issues facing architects. Illustrated with clear diagrams and featuring key cases, this is a comprehensive guide to current law for architects and an invaluable source of information. It is a book no architect should be without.
