The swimming pool liability

Article Abstract:

Architects should beware of using the Agreement for Minor Building Works (MW80) form of contract. The case of Haulfryn Estate Company Ltd. and Leonard J. Multon and Partners illustrates the responsibilities of the architect if design work is delegated to the contractor without written authority. In this case, swimming pools built with designs based on the contractor's drawings were defective and the architect was found liable. In such cases, the contract should include a Contractor's Design Portion and the specific duties of the contractor to ensure the suitability of the design should be agreed.

Architects, Malpractice, Independent contractors

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Perils of nominating under MW'80

Article Abstract:

The Minor Works Agreement (MW '80) does not make provision for the nomination of subcontractors. Cases when a subcontractor has been nominated despite the wording of MW '80 have lead to dispute and confusion. Nomination of a specialist is an accepted practice but needs to be handled under the special provisions of the JCT Standard Form of Building Contract 1980 Edition.

Subcontracting

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Making a claim must be open to dispute before adjudication

Article Abstract:

The treatment of claims and disputes relating to building contracts is discussed, with reference to the provisions of the UK Housing Grants, Construction and Regeneration Act.

United Kingdom

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