The Law Flashcards
(11 cards)
Legislation
Acts and statutes made by parliament
Common law
Precedents that bind future court determinations
Civil claims
Someone who has suffered loss sues another to recover compensation for the loss
Disciplinary proceedings
Professional registration body (Architect’s registration board) investigates whether you met relevant professional standards ie code of conduct. Potential consequences are fines, cancellation of registration, or conditions (further education). Common instances - CPD, no written contract, excessive fees.
Criminal proceedings
Prosecution by a government enforcement body, in court, for breach of certain obligations. Potential consequences are fines, imprisonment (rare - safe design legislation)
Liability
Lasts forever, with some limitations eg breach of contract is generally 6 years from the date the cause of the action arose.
Negligence
Failure to meet the minimum standard (what a reasonable architect would do) applying to your work. Keep records or your work, directions you were given, research, agreements.
Examples - Lacrosse building - composite panels with combustible core when type A construction was required.
Architects Act - requirements
- Use of title ‘architect’
- Must have professional indemnity insurance
- Must undertake continuing professional development (20pts/pa)
- Must have written contracts (with specific inclusions) for each project. Use C/A agreement where possible
National Construction Code
A building code you must comply with under law.
All elements of a building must meet ‘deemed to satisfy requirements, or the performance /alternative solution, which must be confirmed through documentation.
Critical to document compliance. Your work, specialist consultants, manufacturers/suppliers.
Safe Design Legislation
Building to be safe, without risk to health and safety. Users to be provided with adequate information in order to safely operate the building.
Law of contract
Legally binding agreement between two or more parties.
