Page numbers in bold refer to definitions
adjudication 20, 74, 77–81, 102–5
ADR (alternative dispute resolution) 70
after the event insurance 95
subconsultancy 49
see also appointment agreement; ‘back to back agreements’; conditional fee agreement; settlement agreement; written agreement
Alex Smolen v Solon Cooperative Housing 109
ARB Code of Conduct 2, 58, 113
arbitration 19, 74, 84–9, 106, 122
Arbitration Act 1996 85, 86–7, 88, 106, 122
awards 86
‘back to back agreements’ 19, 49, 122
balance of probabilities 74, 122
bargaining, negotiation 61
Blackstone’s Civil Practice 108
Bolam v Friern Hospital 11
Bolitho v City and Hackney Health Authority 11–12
breach of contract 3, 8, 10, 122
see also risk minimisation
cancellation rights, client 36–7
case management conference 90, 123
case studies
design responsibility 39–40, 43–4, 46–7
inequality of arms 69
CDP Analysis 45
CIArb (Chartered Institute of Arbitrators) 123
civil code 123
civil code jurisdiction 87, 123
Civil Procedure: the White Book 108
client
complaints procedure 59
contractual relations 13–14, 31–2
codes of conduct 2, 55–6, 58, 113
collateral warrantees 20
common law 123
common law jurisdiction 87, 124
conditional fee agreement 95, 124
conflict of interest 17
consensual settlement 50–72, 74
expert evaluation 64–5, 105–6, 126
construction lawyer 124
consultant transfer 124
see also claims consultants; subconsultants
Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 36–7
contract
selecting form of 45
contract administrator 17, 125
contractor, risk, and design relations 38–47
contractor’s design portion 38, 41, 42, 44, 125
Contracts (Rights of Third Parties) Act 1999 20
contractual disputes (case study) 27–30
contractual duties 3–4, 9–11, 13–23
contractual relationships 12–23, 31–2
contributory negligence 10, 125
costs 125
adjudication 77, 78 arbitration 87 consensual settlement 53, 54–5 expert determination 82 litigation 93, 94–7
costs follow the event 125
court cases
contractors and subcontractors 41–3 duties 4–10, 21
informal consensual settlement 53
litigation 109
CPR (Civil Procedure Rules) 87, 90, 94, 107, 123
Crown Court 126
design and build 126
detail design responsibility 39–47
case studies 39–40, 43–4, 46–7
dispute causes 2
causes of dispute 2
contractual duties 3–4, 9–11, 13–23
contractual relationships 12–23, 31–2
employer
contractual relations 13–14, 31–2
minimising risks with 26–37, 48
evidence 75
expert determination 74, 82–4, 105–6, 126
expert evaluation 64–5, 105–6, 126
expert witness 54, 101–2, 105, 127
exploration, negotiation 61
Hurley Palmer Flatt v Barclays Bank 20
inequality of arms 68, 69, 127
inquisitorial 127
insurance 120
after the event 95
international disputes 87, 88, 93
joint and several liability 33–4, 127
Law Reform (Contributory Negligence) Act 1945 8
legal services 119
limitation 128
litigants in person 107
litigation 74, 90–6, 107–11, 128
Magistrates’ Court 128
mediation 66–72, 98–102, 117, 128
see also third party determination
Money Claims Court 92
Money Claims Online 129
NCC (net contribution clause) 33–6
New York Convention 129
obligations, in contract and tort 5–8
Part 36 offer 129
PI insurance 33, 49, 109–10, 120
position statement 129
practice directions 107–8, 129
pre-action protocol 71, 90, 130
privilege 130
professional
adjudication 104–5 arbitration 109–11 expert evaluation and determination 106 mediation 99–102 resources 118
see also CPR; pre-action protocol
Pyrrhic victory 130
QC (Queen’s Counsel) 130
‘reasonable skill and care’ 10–12
remedy 131
arbitration 106
expert evaluation and determination 105–6
resolution see consent; dispute resolution; third party determination
RIBA 131
RIBA Code of Conduct 55–6, 58, 113
RICS 131
Robinson v P.E. Jones 3
rules see CPR; pre-action protocol; protocols
see also consensual settlement
Smith v Eric S. Bush 21
solo representation
adjudication 103
expert evaluation and determination 105–6
specialist design 131
specialist subcontractor 41, 43–4, 131
subcontractor see contractor; specialist subcontractor
TCC 132
third party determination 51, 73–96
expert determination 74, 82–4, 126
see also mediation
time costs see costs
tort 133
duty of care in 4–5, 11–12, 21
Trebor Bassett & Anor v ADT Fire and Security 8–10
UCTA 34
UTCC 34
value engineering 133