Produced for the industry by the Association for Consultancy and Engineering
Contractual liability claims - lessons to be learnt
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Griffiths & Armour's 2013 guide to professional indemnity claims against construction consultants plus case studies
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Problems understanding & interpreting contractual terms are many.
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Not new but certainly becoming more prevalent.
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Provisions too often hidden away in lengthy and complex contract terms
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Common use of documents to meet mortgage lender’s requirements
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Net contributions & limitations of liability - the fair share of loss
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Perils assigning rights and responsibilities in a contract to a new party
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"Ignorance of the law is no defence."
Case studies
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Understanding contractual terms case study no.2
Even the most beneficial terms can be useless if not correctly usedRead more -
Understanding contractual terms case study no.1
Inadvertent acceptance of a contractor’s designRead more -
Indemnity clauses case study no.1
Negligence in design: a broad indemnity clause prevented a complete defenceRead more -
Indemnity clauses case study no.2
The dangers of a widely worded indemnity provision.Read more -
Strict liabilities case study no.1
Costain Ltd -v- Charles Haswell & Partners Ltd - Technology & Construction Court, 2009,Read more -
Strict liabilities case study no.2
As with Haswell 2009, the dispute was between a consultant firm and its design and build contractor clientRead more -
Certification case study no.1
In this case Griffiths & Armour's client was appointed as structural engineer for a prestigious multi-million pound private dwelling.Read more -
Certification case study no.2
This case concerned a consultant appointed to inspect the progress of a project involving construction of a small dwelling.Read more -
Net contribution clauses – Case study 1
Langstane Housing Association Limited -v- Riverside Construction (Aberdeen) Limited [2009]Read more -
Net contribution clauses – Case study 2
A residential development claim highlights the inclusion of net contribution clauses in appointment documents.Read more -
Limitations of liability Case Study no.1
A consultant was appointed to undertake environmental surveys to redevelop a former brickworks to housing.Read more -
Limitations of liability Case Study no.2
This claim arose in relation to a project to redevelop a brownfield site for use as a waste processing facility.Read more -
Limitations of liability Case Study no.3
Exclusions with regards to particular types of losses can also be a valuable risk management tool.Read more -
Novation Case Study no.1
A contractual muddle: Perhaps the most ‘basic’ form of contractual problem is the absence of a contract in the first place.Read more -
Novation Case Study no.2
Novation in part: a project to demolish a 1960s city centre office block, is replaced with a new office and retail development.Read more -
Novation Case Study no.3
A firm of structural engineers were engaged by a developer in relation to construction of new office building.Read more -
Novation Case Study no.4
A project where the design team worked very closely with an employer for a number of yearsRead more -
Novation Case Study no.5
A classic case of a consultant doing almost all of the right things.Read more
Articles
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Risk management
Changing behaviour
Government is attempting to become more SME friendly in its contracts with trials of new procurement methods. Jackie Whitelaw reports from the latest Griffiths & Armour and Infrastructure Intelligence risk management forum.Read more -
Procurement, Risk management
Integrated Project Insurance prepares to move on site at Dudley
First trials of a project operating with Integrated Project Insurance is now underway in Dudley in the West Midlands.Read more -
Business
Consultant Certificates: A word of warning!
Issuing of Consultant Certificates can, in the eyes of the courts, have consequences beyond initial expectation. Steve Bamforth explains.Read more -
Business
A changing liability regime – back to the past?
Integrated teams and a blame-free environment require new thinking around insurance arrangements, says Steve BamforthRead more -
Planning, People & Careers, Advice
Mediation - the pragmatic route to low cost dispute resolution?
A mock mediation event by Griffiths & Armour and Hill Dickinson demonstrated that good sense can prevail even in the toughest disputes.Read more -
Business
Collaborative working – time to join in
Beale & Company co-hosted a seminar with the Garrick House Network this month examining some of the themes emerging from the industry’s focus on increasingly collaborative ways of working. Here’s a taste of what wasRead more -
Risk management
CIC/BIM INS first edition 2013
Best practice guide for professional indemnity insurance when using BIMRead more -
Floods, Environment
Properties must be reinstated as flood resilient say experts
Regulations needed to ensure flood repairs will withstand future inundationRead more -
Business
Collaboration - eleven top tips for success
One organisation can no longer do it all and go it alone. Drew Ritchie explains the art of togethernessRead more