Tag results for 'Construction'

Notice provisions are a necessary part of construction contracts, but they can also be a source of contention. Employers may regard receipt of formal notice as merely the first step towards an eventual claim. Contractors may regard strict notice provisions as an inequitable barrier used to deny otherwise just claims. The guidance written on the application of notice provisions focuses on protecting the parties’ individual rights. Can parties look at notice as the first step in a collaborative change management process without losing any of that protection?

Released on Oct 24, 2023

The elephant in the room. Why do some civil servants prefer to delegate tough decisions to tribunals?

Released on Oct 24, 2023

Negative variations in common law

Released on Oct 24, 2023

Architects’ fitness for purpose obligation: obligation of means or obligation of result?

There is a consensus among various legal systems that professional service providers have to perform their duties with reasonable skill and care. However, it has been doubted whether their services must be compatible with the intended purpose of their clients. In the construction industry, the work of building contractors ought to fit the intended purpose of owners, and three theories have been proposed regarding the extension of this obligation to architects. Some believe that architects only bear the ‘obligation of means’, which only requires efforts to provide a suitable design without guaranteeing a specific result. A few others, however, believe that architects’ duty is an ‘obligation of result’, which imposes strict liability on architects to provide a design compatible with the intention of their clients. A third theory has also been developed which differentiates between architects’ obligations based on the type of structure. This article looks into these theories and the reasons behind them.

Released on Oct 23, 2023

Ground conditions and design liability

Released on Oct 23, 2023

Construction Law International - October 2023

Released on Oct 18, 2023

International Bar Association is incorporated as a Not-for-Profit Corporation under the laws of the State of New York in the United States of America and is registered with the Department of State of the State of New York with registration number 071114000655 - and the liability of its members is limited. Its registered address in New York is c/o Capitol Services Inc, 1218 Central Avenue, Suite 100, Albany, New York 12205.

The London office of International Bar Association is registered in England and Wales as a branch with registration number FC028342.