Architect’s Duties when Taking Over a Project2 houses were demolished and a block of 11 flats built. The new building was condemned as unauthorised development because it was not built in accordance with the approved design. The landowner alleges this was caused by the architect’s negligent development of the design. The architect denies any obligation to the landowner.
Are Experts’ Joint Statements Privileged?“Legal professional privilege is a right to maintain confidences between parties. When a document is protected by privilege, it means that it does not need to be disclosed. In the context of litigation and retaining expert witnesses, privilege will apply to confidential oral or written communications between the client and his legal advisers and the expert for the dominant purpose of obtaining or receiving advice for the purpose of existing or anticipated legal proceedings. ‘Dominant’ in this context means the ruling or prevailing purpose. The purpose or intended use for which a document is brought into existence will be a question of fact.”
Building Insurance & RegulationInsurance Policies Must Comply with the Governing Law.Under English law, the principle that a contract must not contain agreements which are contrary to law applies equally to a contract of insurance. This can cause insurers to have to pay out very much larger sums than they anticipated:
Burgess v Lejonvarn – Architect Vindicated but at What Cost?Proportionality, expert evidence & indemnity costs award.
Defects in Design - Time at LargeResponsibility for Delays. Difficulty arises where responsibility for delay is unclear and where appropriate contractual mechanisms fail or are not used correctly. If this occurs or if a contract does not provide for adjusting the completion date where rectifying defects impedes progress, time may become "at large". “Time at large” is a common law principle where a fixed contractual completion date is rendered ineffective. Multiple Causes of Delay and Disruption.
Design CoordinationReflecting on the Grenfell enquiry, who leads the design team and takes responsibility for design coordination and integration when design and build procurement is used?
Displaced CladdingNovel design with unforeseen consequences