Vincent Powell-Smith (28 April 1939 - 14 May 1997) was a British barrister, professor of law and legal author. He also wrote under the pen names Justiciar and Francis Elphinstone.
Powell-Smith was born in Westerham, Kent, England and died in Kuala Lumpur, Malaysia. He is survived by two daughters, Amanda Jane and Helena Alexia. Powell-Smith was buried at St. Mary's Cathedral, Kuala Lumpur, on 15 May 1997.
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With John Sims
With John Sims and Christopher Dancaster
With Jeremy Houghton-Brown
With David Chappell
An architect is a person who plans, designs and oversees the construction of buildings. To practice architecture means to provide services in connection with the design of buildings and the space within the site surrounding the buildings that have human occupancy or use as their principal purpose. Etymologically, the term architect derives from the Latin architectus, which derives from the Greek, i.e., chief builder.
Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation, including legal reasoning set forth by opposing parties or litigants, to come to a decision which determines rights and obligations between the parties involved.
Construction is a general term meaning the art and science to form objects, systems, or organizations, and comes from Latin constructio and Old French construction. To construct is the verb: the act of building, and the noun is construction: how something is built, the nature of its structure.
A subcontractor is an individual or a business that signs a contract to perform part or all of the obligations of another's contract.
Quantum meruit is a Latin phrase meaning "what one has earned". In the context of contract law, it means something along the lines of "reasonable value of services".
Building design refers to the broadly based architectural, engineering and technical applications to the design of buildings. All building projects require the services of a building designer, typically a licensed architect. Smaller, less complicated projects often do not require a licensed professional, and the design of such projects is often undertaken by building designers, draftspersons, interior designers, or contractors. Larger, more complex building projects require the services of many professionals trained in specialist disciplines, usually coordinated by an architect.
Design–build is a project delivery system used in the construction industry. It is a method to deliver a project in which the design and construction services are contracted by a single entity known as the design–builder or design–build contractor. It can be subdivided into architect-led design–build and contractor-led design–build.
A general contractor, main contractor or prime contractor is responsible for the day-to-day oversight of a construction site, management of vendors and trades, and the communication of information to all involved parties throughout the course of a building project.
The Joint Contracts Tribunal, also known as the JCT, produces standard forms of contract for construction, guidance notes and other standard documentation for use in the construction industry in the United Kingdom. From its establishment in 1931, JCT has expanded the number of contributing organisations. Following recommendations in the 1994 Latham Report, the current operational structure comprises seven members who approve and authorise publications. In 1998 the JCT became a limited company.
The Unfair Contract Terms Act 1977 is an Act of Parliament of the United Kingdom which regulates contracts by restricting the operation and legality of some contract terms. It extends to nearly all forms of contract and one of its most important functions is limiting the applicability of disclaimers of liability. The terms extend to both actual contract terms and notices that are seen to constitute a contractual obligation.
A building engineer is recognised as being expert in the use of technology for the design, construction, assessment and maintenance of the built environment. Commercial Building Engineers are concerned with the planning, design, construction, operation, renovation, and maintenance of buildings, as well as with their impacts on the surrounding environment.
Recovery for pure economic loss in English law, arising from negligence, has traditionally been limited. Notably, recovery for losses that are "purely economic" arise under the Fatal Accidents Act 1976; and for negligent misstatements, as stated in Hedley Byrne v. Heller. Economic loss generally refers to financial detriment that can be seen on a balance sheet but not physically. Economic loss is then divided into "consequential economic loss" - that which arises directly from some physical damage or injury and "pure economic loss", which is everything else.
Construction law is a branch of law that deals with matters relating to building construction, engineering, and related fields. It is in essence an amalgam of contract law, commercial law, planning law, employment law and tort. Construction law covers a wide range of legal issues including contract, negligence, bonds and bonding, guarantees and sureties, liens and other security interests, tendering, construction claims, and related consultancy contracts. Construction law affects many participants in the construction industry, including financial institutions, surveyors, quantity surveyors, architects, builders, engineers, construction workers, and planners.
Construction Law is a monthly English-language journal providing news and articles on the construction industry. The journal is written for the non-legal professional involved in contractual and other legal matters in the industry. The journal is owned by LexisNexis which is part of Reed Elsevier.
The Construction Regulations 2007, also known as CDM Regulations or CDM 2007, previously defined legal duties for the safe operation of UK construction sites. They were superseded by the Construction Regulations 2015. The regulations placed specific duties on clients, designers and contractors, to plan their approach to health and safety. They applied throughout construction projects, from inception to final demolition and removal.
The New Engineering Contract (NEC), or NEC Engineering and Construction Contract, is a formalised system created by the UK Institution of Civil Engineers that guides the drafting of documents on civil engineering, construction and maintenance projects for the purpose of obtaining tenders, awarding and administering contracts. As such they legally define the responsibilities and duties of Employers and Contractors in the Works Information. The contract consists of two key parts: the Contract Data part one and Contract Data part two. Several approaches are included making it a family of options. It is used in the UK and internationally in countries including New Zealand, Australia, Hong Kong and South Africa.
Intention to create legal relations', otherwise an "intention to be legally bound", is a doctrine used in contract law, particularly English contract law and related common law jurisdictions.
Frustration is an English contract law doctrine that acts as a device to set aside contracts where an unforeseen event either renders contractual obligations impossible, or radically changes the party's principal purpose for entering into the contract. Historically, there had been no way of setting aside an impossible contract after formation; it was not until 1863, and the case of Taylor v Caldwell, that the beginnings of the doctrine of frustration were established. Whilst the doctrine has seen expansion from its inception, it is still narrow in application; Lord Roskill stated that it is "not lightly to be invoked to relieve contracting parties of the normal consequences of imprudent bargains".
A construction contract is a mutual or legally binding agreement between two parties based on policies and conditions recorded in document form. The two parties involved are one or more property owners and one or more contractors. The owner, often referred to as the 'employer' or the 'client', has full authority to decide what type of contract should be used for a specific development to be constructed and to set out the legally-binding terms and conditions in a contractual agreement. A construction contract is an important document as it outlines the scope of work, risks, duties and legal rights of both the contractor and the owner.
A termination for convenience clause, or "T for C" clause, enables a party to a contract to bring the contract to an end without the need to establish that the other party is in default, for example because the client party's needs have changed, or in order to arrange for another party to complete the contract.