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Coombe-Davies, M (1985) The laws on contract liability as they specifically relate to architectural practice, Unpublished PhD Thesis, School of Law and Politics, University College Cardiff.
- Type: Thesis
- Keywords: architect; contract; legal analysis; liability; negligence; profession; skill and care
- ISBN/ISSN:
- URL: https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.303895
- Abstract:
The thesis examines the liabilities of an architect in contract, and in the related field of tort. Against the background of the evolving doctrine of liability, the historical factors are summarised which gave rise to both a recognised architectural profession and also a standard form of building contract. The legal relationship of an architect with his client and with third parties is analysed, and especially those liabilities which arise when he acts as agent, for it is generally in this capacity that an architect practices under a building contract. The degree of skill and care to be adopted in meeting precontract liabilities from RIBA work stages A through to G is examined before considering those which arise from six, main, standard forms of contract. The contracts are JCT '80, GC/ Works/ 1, ACA Form of Building Agreement 1982, FAS Form of Building Contract, the ICE. and FIDIC contract conditions. The effectiveness of various ways in which damages that flow from liability may be limited are assessed, they range from protective clauses, statutory limitation and insurances to the particular structure of an architectural practice be it a partnership or a company, which is either limited or unlimited. It is concluded that it is inappropriate to apply a uniform standard of skill and care where there is a wide range of professional experience. The comparison should be one of like with like upon a sliding scale. Furthermore, to suggest that there is a particular method which can be adopted to avoid liability for professional negligence is fallacious. It is more effective to prescribe reasonable limits of liability for damages. The various ways of limiting liability should not be regarded in isolation from one another. Rather, they should be woven together to form a well balanced whole.