Professional Appointments and Liabilities

A note on the statutory right to suspend performance of obligations under a construction contract for non-payment under section 112 of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996) (as enacted) and under section 112 of the Construction Act 1996, as amended by Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act 2009).

An outline of the law of professional negligence. This note considers: The requirements for claims in contract and tort. The application of the SAAMCO principle. The Bolam test. Contributory negligence. Contribution. The use by professionals of exclusion clauses to limit liability.

This note describes the professional consultant's duties in relation to an agreement between the client and a third party, such as an agreement for lease, a development agreement, a facility agreement or an agreement giving consent for the project.

This note describes the parties' rights to terminate the professional consultant's employment under a professional appointment.

This note explains issues relating to a professional consultant's sub-letting or sub-contracting of its services to a sub-consultant. It also the considers the position where specialist services are required.

This note explains the standard of care required of a professional consultant and gives guidance on negotiating a standard of care clause.

This note provides guidance on drafting and negotiating prohibited (or deleterious) materials clauses in a professional appointment.

This note describes the limitations and exclusions of liability that are commonly used in professional appointments.

This note describes a professional consultant's duties in relation to professional indemnity insurance, public (or third party) liability insurance and employer's liability insurance.

This note describes the use of guarantees in professional appointments.

This note describes the most common methods of dispute resolution under a professional appointment, including adjudication, arbitration, mediation and litigation.

This note describes the way in which a professional consultant's authority to instruct third parties arises and the extent of that authority.

This note gives guidance on the use of collateral warranties and third party rights in professional appointments.

This note explains the practice of assigning and novating professional appointments.

A note on the statutory payment rules for construction contracts in England, Wales and Scotland under Part II of the Scheme for Construction Contracts (England and Wales) Regulations 1998 (SI 1998/649) (Scheme for Construction Contracts 1998) and the Scheme for Construction Contracts (Scotland) Regulations (SI 1998/687) (Scheme for Construction Contracts (Scotland) 1998). The note also looks at the Schemes, as amended by the: Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (England) Regulations 2011 (SI 2011/2333) (Scheme for Construction Contracts (England) Regulations 2011) in England. Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (Wales) Regulations 2011 (SI 2011/1715) (Scheme for Construction Contracts (Wales) Regulations 2011) in Wales. Scheme for Construction Contracts (Scotland) Amendment Regulations 2011 (SSI 2011/ 371) (Scheme for Construction Contracts (Scotland) Regulations 2011) in Scotland.  

A note on what the parties mean by partnering, alliancing or collaboration, including some of the risks and benefits of this approach, and giving examples of partnering contracts.

A note outlining the development of the common law on the no loss defence, or the defence that an assignor may not recover more than the assignee, in the context of construction and engineering cases. These cases are sometimes said to refer to a possible "black hole".

A practice note considering some of the arguments for and against including a net contribution clause in a collateral warranty, professional appointment or other construction document. The note also considers some possible alternatives to including a net contribution clause.

A note on the key role of the project manager under the third edition of the New Engineering Contract (NEC3) Engineering and Construction Contract (ECC). NOTE: This practice note refers to the NEC3 suite of contracts, including its June 2006 and September 2011 amendments. Publication of the new, NEC3 April 2013 editions was announced on 10 April 2013 and we will update this note to refer to them as soon as we receive copies.

A note describing the MF/4 form of contract and highlighting specific legal issues for negotiation.

A note explaining the effect the Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act 2009) had on adjudication under construction contracts. The note refers to a number of changes, including the removal of the in writing requirement, a new statutory slip rule and liability for the costs of the adjudication. This note is no longer maintained. For more information on adjudication, see the Adjudication toolkit. 

A note outlining the changes to the law on directors' duties under the Companies Act 2006 (2006 Act). For a link to the 2006 Act, see Companies Act 2006: publication of final text. For general background to the 2006 Act, see Practice note, Companies Act 2006: materials. For a more detailed note on this topic, see Practice note, Directors' general duties under the Companies Act 2006. Chapter 2 of Part 10 (general duties of directors) came into force on 1 October 2007, other than the provisions relating to directors' conflict of interest duties (sections 175 to 177). Sections 177 to 175 came into force on 1 October 2008.

This note provides guidance on copyright licences in construction projects, particularly in the commercial property development sector.

The Construction Industry Council (CIC) publishes a standard form appointment for a professional consultant. This note comments on the use of the appointment in practice and highlights and analyses the clauses of the appointment that may concern one or other of the parties. This note refers to both the 2007 and 2011 editions of the CIC appointment.

A note setting out frequently asked questions (FAQs) on building information modelling (BIM) in construction and engineering projects.

A practice note about the reform of the law on bribery in the UK.  This note has now been replaced by a new resource: Practice note, Bribery Act 2010, detailing the Bribery Bill which was introduced into parliament in November 2009 and received Royal Assent as the Bribery Act 2010 in April 2010.

This note provides links to a mark-up and consolidated legislation showing how Part II of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996) was amended by Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act 2009). It also includes a link to a mark-up of the Scheme for Construction Contracts (England and Wales) Regulations 1998 (SI 1998/649) (Scheme for Construction Contracts 1998), as amended.