Cornes and Lupton s Design Liability in the Construction Industry 5th Edition by Sarah Lupton ISBN 978-1444330069 1444330069

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Product details: 

ISBN 10:  1444330069

ISBN 13: 978-1444330069

Author: Sarah Lupton

Liability for the design of a building or structure is of fundamental concern to construction professionals, design-build contractors, specialist sub-contractors, and lawyers. Although other texts cover a wide range of aspects of liability, only Cornes and Lupton’s Design Liability in Construction draws together all those matters that relate specifically to design.

A number of factors have come together recently and are addressed in this significant update and rewrite of the 4th edition, including: 

• popularity of design & build procurement
• partnering arrangements and early contractor involvement
• new standard forms of construction contract and appointment, and revisions to older forms
• technical innovations in construction
• collaborative working and BIM systems
• many well-publicised cases regarding design failures
• significant developments in the law of tort and professional liability
• the development of the single European market and increased provision of services overseas

Together these factors create a new range of design liability issues which the construction professional has to face. Written for lawyers, architects, engineers, and contractors, the fifth edition of Design Liability in Construction will also serve as a useful text for masters level courses in engineering, surveying and construction law.

Table of contents: 

1. The Industry Context
1.1 What is Design?
1.2 Procurement Routes
1.3 The Construction Professions: Who Are the Designers?

2. Liability under Contract
2.1 Formation of a Contract
2.2 Terms of the Contract
2.3 Exemption Clauses
2.4 Privity of Contract
2.5 Assignment

3. Liability under Tort: Part 1
3.1 Definition of a Tort
3.2 Liability and Parties in Tort
3.3 Vicarious Liability
3.4 Negligence
3.5 Historical Perspective
3.6 Anns v Merton London Borough Council (1978)
3.7 Junior Books (1983)
3.8 1985–1988: The Retreat
3.9 D & F Estates Ltd v Church Commissioners for England (1988)
3.10 Murphy v Brentwood District Council (1990)
3.11 Tests for Establishing a Duty of Care in Respect of Economic Loss
3.12 Contract and Tort Concurrently?
3.13 Summary of the Position in 1994

4. Liability under Tort: Part 2 (Post-Murphy)
4.1 Liability for Physical Injury and Damage to Other Property
4.2 The “Complex Structure” Theory after Murphy
4.3 What if a Defect Is Patent?
4.4 Liability for Economic Loss
4.5 Application of the Tests Following Henderson v Merrett
4.6 Contractors’ Liability for Pure Economic Loss
4.7 Consultants’ Liability for Pure Economic Loss
4.8 Summary of the Position in 2013

5. Liability under Statute
5.1 Defective Premises Act 1972
5.2 Building Act 1984
5.3 Health and Safety
5.4 Copyright

6. 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
6.4 Special Skills
6.5 “State of the Art” Defence

7. “Fitness for Purpose” Liability
7.1 Contractors’ Obligations
7.2 Reliance and Partial Reliance
7.3 Consultants and Strict Liability
7.4 Contractor’s Duty to Warn

8. Duties in Detail
8.1 General Duties of a Designer
8.2 Appraisal and Site Investigation
8.3 Budget Issues
8.4 Design Development
8.5 Commenting on/Approving Others’ Designs
8.6 Inspection and Certification
8.7 Duty to Review the Design

9. Delegation of Design Duties
9.1 General Issues
9.2 Option 1: Declining the Commission
9.3 Option 2: Employer Engages a Specialist Consultant Direct
9.4 Option 3: Designer Engages Specialist Designer Direct
9.5 Option 4: Designer Arranges for a Contractor or Sub-Contractor to Undertake the Work
9.6 Option 5: Designer Relies on Outside Sources
9.7 Is There a Difference Between Delegation and Reliance?
9.8 Summary of Options

10. Liability to Third Parties: Procurement Issues
10.1 Relationship Between Contract and Tort
10.2 Liability in Particular Situations
10.3 Warranties
10.4 Collaborative Working
10.5 BIM
10.6 Insurance Solutions

11. Damages and Contribution
11.1 General Principles
11.2 Damages and Designers
11.3 Contributory Negligence and Contribution
11.4 Damages Recoverable on Assignment

12. Limitation
12.1 Statutory Periods
12.2 Limitation and Contract
12.3 Limitation and Tort

13. Measures for Limiting Liability
13.1 Using Financial Caps
13.2 Limiting Liability for Loss of Profits and Consequential Losses
13.3 Net Contribution Clauses
13.4 Agreeing Shorter Periods for Limitation of Liability

14. Standard Forms of Contract for Design-Build
14.1 Joint Contracts Tribunal (JCT) Forms
14.2 GC/Works/1 Forms
14.3 NEC3 Engineering and Construction Contract (ECC)
14.4 Project Partnering Contract (PPC2000)
14.5 FIDIC Forms

15. Standard Forms of Appointment
15.1 RIBA
15.2 ACA
15.3 ACE
15.4 ICE
15.5 RICS
15.6 CIC
15.7 Novation and Switch Agreements

16. Professional Indemnity Insurance
16.1 General
16.2 Principles of Professional Indemnity Insurance
16.3 The Professional Indemnity Policy (Consultants)
16.4 Avoiding Disputes with Insurers
16.5 Professional Indemnity Insurance for Design and Build Contracts
16.6 Professional Indemnity – Changing Insurers
16.7 Other Types of Insurance

17. Design Liability in the EU
17.1 Belgium
17.2 France
17.3 Germany
17.4 Italy
17.5 The Netherlands

18. Design Liability in the Rest of the World
18.1 Australia
18.2 China
18.3 The Middle East
18.4 Russia
18.5 USA

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Tags: Sarah Lupton, Cornes and Lupton, Design Liability, Construction Industry