By Anthony Speaight
The Architects' felony instruction manual (formerly often called the AJ criminal guide) has turn into the normal textbook for college students and a vital workplace reference for architects and similar execs within the building undefined. This 5th variation has been considerably revised and up to date to include the most recent alterations within the legislations and features a colossal volume of recent fabric
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Extra info for Architect's Legal Handbook. The Law for Architects
44 ; arrang e maintenanc e Prepar e a programm e for the maintenanc e of a building contracts . the architec t has complete d work stage Dor has provide d detai l desig n and productio n informatio n in work stage s E, Fand G; and Copyrigh t in all document s and drawing s prepare d by the architec t and in any works execute d from those document s and drawing s shall , unles s otherwis e agreed , remai n the propert y of the architect . The client , unles s otherwis e agreed , will be entitle d to reproduc e the architect' s design by proceedin g to execut e the projec t provide d that: any fees due to the architec t have been paid or tendered .
It would appear from this that new situations of liability in negligence will be harder to establish. The case also discusses the effects of D & F Estates v Church Commissioners. It has implications on the three exceptions mentioned in the above chapter. Public health and safety The difference between Lord Bridge and Lord Oliver in D & F Estates has apparently been reconciled. It is now the law that once a dangerous defect has been discovered it ceases to be dangerous because it can be rectified.
But in the case of buildings, and particularly actions against architects, matters are not so easy. A design may be made one year, built five years later and defects discovered five years after that. If it was the design at fault, when does the cause of action accrue? This has been the subject of much litigation, the history of which is too complex to examine in detail here. Basically, it was held in Anns v Merton that the cause of action accrues when the damage occurs to the building. But this still did not solve the problem because it was argued further that one could not have a cause of action until it was reasonably discoverable.
Architect's Legal Handbook. The Law for Architects by Anthony Speaight