Practice Management And Law

Negligence refers to the failure to perform an action that a reasonable person, guided by common sense and standard practices, would have done, or the performance of an action that a prudent and reasonable person would not have done. In other words, negligence involves a breach of duty where a person fails to exercise the level of care expected in a given situation. This can result in harm or injury to others and can lead to legal consequences.

A contract is a legally binding agreement between two or more parties that confers rights and imposes obligations on each party involved. It is a formal agreement that is enforceable by law, and it outlines the terms and conditions that the parties must adhere to. Contracts are used in various situations, such as business transactions, employment agreements, and rental agreements, to ensure that all parties involved are aware of their rights and responsibilities.

The period of limitation for a simple contract refers to the time period within which the remedies for breach can be applied. In this case, the correct answer is 6 years or six years. This means that the injured party has a time frame of 6 years from the time of the breach to seek legal remedies for the breach of the contract. After this period, the injured party may lose the right to enforce the contract and claim damages.

The period of limitation for a deed refers to the time period within which the remedies for breach can be applied. In this case, the correct answer is "12" or "twelve" years. This means that if a breach occurs in relation to a deed, the injured party has a period of 12 years from the time of the breach to seek legal remedies.

The parties in a standard building contract are the client (employer) and the contractor. The client is the individual or organization that is responsible for initiating the construction project and will ultimately own the completed building. The contractor, on the other hand, is the party responsible for carrying out the construction work according to the specifications and requirements set by the client. They are typically hired by the client through a bidding or negotiation process. The architect, although important in the design and planning stages of the project, is not a direct party to the contract between the client and the contractor.

At the tender stage, it is common practice to invoice 75% of the fee. This allows the client to have a clear understanding of the majority of the financial commitment required before proceeding with the project. Invoicing a higher percentage also ensures that the client is financially invested in the project and reduces the risk of potential cancellations or delays.

The design is frozen at the E-Detailed Design stage. This stage involves creating detailed drawings and specifications for the design, which are then used for construction or implementation. Once the detailed design is finalized, any further changes or modifications to the design are discouraged or limited, hence the term "frozen". This ensures that the design is well-defined and ready for implementation without any major alterations.

Partnering is not one of the procurement routes. Procurement routes refer to the different methods or approaches used to obtain goods or services. Partnering, on the other hand, is a collaborative approach where two or more parties work together in a long-term relationship to achieve mutual goals. While partnering may be used within a procurement route, it is not a procurement route itself. Therefore, the correct answer is false.

The members that make up the design team are the client, architect, structural engineer, quantity surveyor, and building services engineer. The client is the person or organization for whom the project is being designed. The architect is responsible for designing the overall concept and aesthetics of the project. The structural engineer ensures that the design is structurally sound and can withstand the required loads. The quantity surveyor estimates and manages the project costs. The building services engineer designs the mechanical, electrical, and plumbing systems of the building.

The members of the consultant team include the Architect, Quantity Surveyor, Structural Engineer, Building Services Engineer, Design Co-ordinator, Planning Consultant, Landscape Consultant, and Specialist Consultants. These individuals have specific expertise and roles within the construction project, working together to ensure the successful planning, design, and execution of the project.