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Architects, Engineers and the Law - J R Cooke

Architects, Engineers and the Law

By: J R Cooke

Paperback Published: 25th February 2010
ISBN: 9781862877641
Number Of Pages: 360

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Fully updated, the 4th edition of Architects, Engineers and the Law offers a clear understanding of the legal aspects of day-to-day engineering and architectural practice.

Architects, Engineers and the Law succeeds in bridging the technical building sciences and the legal profession. I find I use the book on a regular basis when conducting building and construction litigation. Law Society Journal (NSW)

This, the third edition, by a very well qualified author, is a book every architect and engineer should have on their desk...It is written in a very `readable' way making complicated subjects such as torts, estoppel, defamation, and `accidental aesthetic consequences' more understandable for the untrained than I have read before. It covers all that would seem to be in the horizon of professional practise.... All the great cases are there... What is excellent is the set out of all the types of contract that a builder can use and the explanation of variations, damages, tenders and construction management. Australian Building News

[T]he author provides clear and concise explanations of the legal responsibilities of architects and engineers, and the consequences of the many legal processes and relationships which form part of the construction process. Building and Construction Law

It will undoubtedly prove most useful. Certainly, it will be welcomed for its straightforward and `hands on' approach to the law and its implications for practitioners in both professions. ...deserves to be widely and enthusiastically embraced. Law Institute Journal, Victoria

The standard reference for architects, engineers and lawyers. Building Construction Materials & Equipment

[T]ouches upon a remarkably diverse group of subjects ...it is very detailed which is obviously the product of an enormous amount of research ...NSW Bar News

Cooke is a solicitor, who is an architecture graduate of the University of Sydney as well as a law graduate of UNSW. In addition he has a Masters degree in Building from UNSW and a PhD in Architecture in the field of land use planning from the University of Sydney...Architectural Science Review.

Industry Reviews

Reviews of the previous editions:This, the third edition, by a very well qualified author, is a book every architect or engineer should have on their desk. ... Although it is a text book with all the appropriate legal references, it is written in a very 'readable' way making complicated subjects such as torts, estoppel, defamation, and 'accidental aesthetic consequences' more understandable for the untrained than I have read before. It covers all that would seem to be in the horizon of professional practise. ... All the great cases are there ... What is excellent is the set out of all the types of contract that a builder can use and the explanation of variations, damages, tenders and construction management. - Australian Building News

The Legal System The Common Law and Equity/ The Sources of the Law/ Interpreting Legislation/ Precedents/ Recent Developments

Contracts The Formation of the Contract: Simple Contracts and Deeds/ Legislation/ The Terms of the Contract/ Waiver and Estoppel/ Quasi-Contract, Restitution and Unjust Enrichment

Liability Apart from Contract Criminal Negligence/ Equitable Estoppel (Restitution)/ Trade Practices Act 1974 (Cth), ss 52 and 53 and Fair Trading Acts/ Occupational Health and Safety/ Liability in Tort

Duty of Care The Standard of Professional Skill / Establishing a Duty of Care/ Professional Indemnity Insurance

Breach of Duty of Care Introduction/ General Principles/ Existing Knowledge/ Disclosure/ Performance/ Contributory Negligence

Agency and Employment Agency/ Employment

Damages Policy/ Damages in Contract/ Damages in Tort/ Examples

Limitations of Actions Policy/ When Does the Limitation Period Begin?

Concurrent Liability Introduction/ Limitation Period/ Proof of Breach/ Measure of Damages

Defamation Introduction/ What is Defamatory?/ The Defences

Intellectual Property Copyright/ Licence to Build/ Moral Rights

Professional Conduct Professional Standards/ Trade Practices/ The Impact of the Legislation/ Consumerism

Delegation of Design Introduction/ Appointment of Consultants/ Design Input from Other Sources

Budgets and Estimates Background/ Professional responsibilities

Construction Contracts Types of Contract/ Forms of Contracts

Construction Management The Traditional System/ Construction Management/ Project Management

Contract Documentation Introduction/ The Formation of the Contract/ The Tender Documents/ The Execution of the Contract/ Discrepancies in the Documents/ The Specification/ Writing the Specification/ Calling for Tenders on Partial Documentation

Tenders Introduction/ Calling for Tenders/ From Tender to Contract/ Assessing the Tenders/ Exceeding the Budget

Liquidated Damages and Securities Liquidated Damages/ Retention and Securities

Variations Limits of variations/ Administration

Progress Certificates Introduction/ Certificates Based on Defective Work/ Under Certifying and Over Certifying/ Set-offs and Deductions/ Paying for Unfixed Materials on or off the Site/ Issuing the Certificate/ Valuations and Certificates provided under Partial Services Agreements/ Security of Payment Legislation

Completion and Effects Introduction/ Extensions of Time/ Practical Completion/ Defects Liability/ The Final Certificate

Determining the Contract Introduction/ Service of Notice/ Wrongful Repudiation of Contract/ Use of Contractor's Plant and Equipment/ Expenditure of Retention Moneys after Determination

Non-Statutory Restrictions on Land Use Land Ownership and Related Restrictions on Land Use/ Common Law Rights of Landowners

Statutory Planning and Building Control Background/ Building Regulations / Environmental Protection Legislation and Conditions of Approval/ Planning Control/ Law and Urban Design

Consent Authorities and Planning Appeal Tribunals Obligations of Architects and Engineers in Dealing with Consent Authorities/ Negligence by Consent Authorities/ Review of Administrative Action of Consent Authorities/ Appeals

Table of Cases/ Table of Statutes/ Bibliography/ Index

ISBN: 9781862877641
ISBN-10: 1862877645
Audience: Tertiary; University or College
Format: Paperback
Language: English
Number Of Pages: 360
Published: 25th February 2010
Publisher: Federation Press
Country of Publication: AU
Dimensions (cm): 23.5 x 14.61  x 1.91
Weight (kg): 0.57
Edition Number: 4
Edition Type: New edition

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