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Cornes and Lupton's Design Liability in the Construction Industry 5th ed

Sarah Lupton

ISBN13: 9781444330069

Previous Edition ISBN: 0632032618

Published: November 2013

Publisher: Wiley-Blackwell

Country of Publication: UK

Format: Hardback

Price: £92.95

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9781444361148

£92.95

This significant update and rewrite of the 4th edition address the range of design liability issues which the construction professional has to face including:

Increasing popularity of design & build procurement
Two stage tendering and partnering arrangements
Technical innovations in construction
Intranet and BIM systems changing the way designs are developed and decisions tracked
Several well-publicised cases regarding design failures
Development of the single European market & forthcoming Services Directive (SIM)

Subjects:: Construction Law

Contents:: Acknowledgments; Preface; 1. The Industry Context; 1.1 What is design?; 1.2 Procurement routes; 1.3 Who are the designers; 2. Liability under Contract; 2.1 Formation of contract; 2.2 Problems with contract formation; 2.3 The terms of a contract; 2.4 Exemption clauses; 2.5 Privity of contract; 2.6 Assignment; 3. Law of Tort - Part 1; 3.1 Definition of a tort; 3.2 Vicarious liability; 3.3 Negligence; 3.4 1932-1964 historical perspective; 3.5 1972-1978 historical perspective; 3.6 Anns v London Borough Council; 3.7 1983 Junior Books; 3.8 1988 Damp estates; 3.9 Murphy v Brentwood District Council; 4. Law of Tort - Part 2; 4.1 Liability for injury and damage to property; 4.2 Liability for economic loss; 4.3 The complex structure theory after Murphy; 4.4 Summary of the position 2011; 5. Liability under Statute; 5.1 Defective Premises Act 1974; 5.2 Building Act 1984; 5.3 Health and Safety at Work Act 1974; 6. Nature of Liability for Professional Negligence; 6.1 Reasonable skill and care; 6.2 Application of the test to designers; 6.3 Examples of failure to take care - general; 6.4 Special skills; 6.5 State of the art defence; 7. Fitness for Purpose Liability; 7.1 Contractor's design obligation; 7.2 Reliance and partial reliance; 7.3 Consultants and strict liability; 8. Duty to Warn; 8.1 Contractors duty to warn; 9. Duties in Detail; 9.1 General designer duties; 9.2 Delegation of duties; 9.3 Site investigation; 9.4 Appraisal and client knowledge; 9.5 Design details and technical information; 9.6 Innovative and risky design; 9.7 Commenting on others design; 9.8 Inspection; 9.9 Duty to review the design; 10. Liability to Third Parties: 'Novation' and Collateral Warranties; 10.1 Contract/tort liability; 10.2 Architect-contractor liability; 10.3 Sub-contractor/employer liability; 10.4 Novation; 10.5 Warranties; 11. Damages; 11.1 Compensatory; 11.2 Causation; 11.3 Contract: remoteness; 11.4 Tort: remoteness; 11.5 Measure of damages; 11.6 Mitigation/reasonable cost; 11.7 Damages and designers; 11.8 Injunction or damages?; 11.9 Diminution in value or cost of remedial work?; 11.10 Consequential loss; 11.11 Distress; 11.12 Betterment and elaborate repair; 11.13 Contributory negligence and contribution; 12. Limitation; 12.1 Statutory periods; 12.2 Limitation and contract; 12.3 Fraud and concealment - contract; 12.4 Limitation and tort; 12.5 History of development of the law prior to Pirelli; 12.6 Limitation in negligence - the Pirelli decision; 12.7 Developments since Pirelli; 13. Measures for Limiting Liability; 13.1 Using financial caps; 13.2 Limiting liability for consequential losses; 13.3 Net contribution clauses; 14. Standard Forms of Contract; 14.1 JCT; 14.2 GC Works; 14.3 FIDIC; 15. Standard Forms of Appointment; 15.1 RIBA; 15.2 ACA; 15.3 ACE; 15.4 PPS3; 15.5 RICS; 16. Professional Indemnity Insurance; 16.1 Principles of professional indemnity insurance; 16.2 Changing insurers; 16.3 Dealing with the claim; 16.4 Avoiding disputes with insurers; 16.5 PII for design build contracts; 16.6 Other types of insurance; 17. Design Liability in the EU; 18. Design Liability in Other Jurisdictions; Bibliography; Case List; Index