Architect meaning

Within a JCT contract, the Agreement, Recitals, Articles and Contract Particulars at the outset record the project-specific particulars of the works to be undertaken. It is crucial these sections are completed in full and accurately, to prevent uncertainty and disagreements over the scope. This Checklist offers practical steps for filling in those particulars, with links to pertinent Practice Notes that explain each area in depth. It is intended for users who are relatively new to JCT contracting. Commonly, an employer asks the architect/contract administrator or another consultant to draft the particulars at the outset, then has its lawyer review the contract prior to execution. Alternatively, a lawyer may complete all entries, but will require the client’s or consultants’ input on the information to include. The Checklist can serve as a reference when preparing or verifying the particulars. Accurate completion from the outset reduces ambiguity about what is required and helps prevent disputes. It also serves as reference when checking particulars. Guidance here shows how to complete required information, supported by...

The Court of Appeal concluded that nothing in the overall terms of the 2013 licensing agreement supports the contention that only the architect could terminate the arrangement, as opposed to the company, Zaha Hadid Limited. Sir Colin Birss, the Chancellor of the High Court, presiding over a three-judge panel, explained that the contract’s wording shows the term was meant to be ‘indefinite’ rather than to continue ‘in perpetuity’. Put another way, it does not claim to bind the parties forever. The arrangement can be brought to a close and, from the language used, one would infer it was capable of termination by either party on reasonable notice. In December 2024, Judge Adam Johnson held that the agreement did not confer on the company a right to terminate on reasonable notice. The High Court judge then refused permission to appeal his ruling. He stated he could not identify a construction of the contract’s termination clause that would grant the company, rather...

Zaha Hadid Ltd v Zaha Hadid Foundation [2026] EWCA Civ 192 What are the practical implications of the case? The ruling clarifies the line between perpetual agreements and those of indefinite duration, and the situations in which a power to terminate on reasonable notice may exist, both in principle and in day-to-day commercial practice overall too. Having surveyed the common law authorities in this field, the Court of Appeal has confirmed that perpetual and indefinite contracts can carry different consequences. At the heart of the outcome is a focus on construing the agreement and ascertaining the parties’ common intention. It underlines, once again, the need for intentions to be settled from the outset and, preferably, for contracts to contain express provisions dealing with termination. The judgment also offers notable, albeit obiter, observations on the doctrine of restraint of trade in commercial arrangements and, in particular, the position of trade mark licences within that framework. That question, however, remains undecided. What was the background? In 2014, a...

Zaha Hadid Ltd v The Zaha Hadid Foundation [2024] EWHC 3325 (Ch) Disagreements between the architect’s foundation and her practice In 2013, the architect, Dame Zaha Hadid (now the Zaha Hadid Foundation), and Zaha Hadid Limited concluded a trade mark licence allowing the company to use the ‘Zaha Hadid’ brand in return for royalties. Following Dame Zaha’s death, the company sought to end the licence; however, aside from unilateral termination rights vested in the foundation, the agreement had no fixed term and was effectively of indefinite duration...

This Practice Note examines whether a receiver may undertake building works and, in particular, whether the receiver can finish a development left incomplete at the date of appointment. It identifies a range of points the receiver should evaluate before moving ahead with any works and deciding whether to proceed. For ease when considering these issues, and to streamline the discussion, it is assumed that: the developer is a corporate mortgagor of the property; and the mortgagor procures works in the usual way by appointing a building contractor and a professional team of architect, engineers, quantity surveyors and others (collectively, the Professional Team) References to the mortgagor include, where appropriate, the mortgagor acting through the receiver. A receiver in this context means a fixed charge receiver or a Law of Property Act receiver. Receiver’s powers to carry out building works Before a sale is completed, a receiver’s statutory powers under the Law of Property Act 1925 (LPA 1925) are confined to...

This practice note examines property disputes arising from negligence and trespass. For statutory liability connected to property and the law of nuisance, see Practice Notes: Property disputes in Scotland (delictual and statutory) and Property disputes in Scotland—common law and statutory nuisance. Negligence Negligence claims in property contexts frequently stem from inadequate property advice given by a professional—such as an architect, surveyor or conveyancer—or from substandard construction work undertaken by a contractor, for example a builder, roofer or plumber. Negligence creates liability for loss or injury caused by carelessness or a failure to exercise reasonable competence by the relevant professional or contractor. What is the test for negligence? Negligence is assessed by a three-part test considering whether: a duty of care exists that duty has been breached the breach of duty brought about the loss or harm complained of See further: The rise of the concept of duty of care: Stair Memorial Encyclopaedia [257], The importance of Donoghue v...

Determining who holds intellectual property in the designs, drawings, specifications and similar materials created for a construction project is vital for all participants involved in the process. The copyright owner of the designs produced will wish to safeguard their rights, limit how and to what extent others may use them, and secure recourse and remedies where infringements occur. Conversely, parties that must reproduce or rely on the designs need to ensure they possess sufficient rights and permissions to permit such use. In the construction sphere, designs are commonly prepared by the architect, civil and M&E engineers, as well as by the contractor itself and its subcontractors. Consequently, clauses addressing copyright ownership are a standard fixture of professional appointments, building contracts and collateral warranties used on such projects. This Practice Note concentrates specifically on such provisions within a consultant’s appointment. Copyright in designs Copyright subsists automatically in any original artistic work; the author does not need to register their rights formally or apply for this protection. Under the Copyright,...

The Architect shall: General responsibilities (Stages 0–7) Lead Consultant: advise on scopes, guide specialists, integrate and co‑ordinate design, chair design meetings with minutes, manage Client–Design Team communication, collate stage reports. Act as or liaise with the Principal Designer under CDM 2015 and Building Regulations 2010; manage Client instructions; agree deliverables; design to budget; brief on duties; liaise with the BIM Manager. Stage 0: advise on risks, finance and feedback; visit site; assist with Design Team appointments; Stage 0 report. Stage 1: feasibility; arrange/collate surveys; develop the strategic brief into the Project Brief (sustainability, quality, spatial needs); set procurement, programme and PEP; align budget; Stage 1 report. Stage 2: concept and outline proposals aligned to cost plan and strategies; cost advice; compliance route and pre‑application planning; Stage 2 report. Stage 3: spatial co‑ordination; planning applications/consents, revisions and conditions; select materials/methods; value engineering; tender support; Stage 3 report. Stage 4: technical design, specifications and packages; building regulations submissions; ERs, Construction Phase Plan; Stage...

1 Sub-Contractor warranties and undertakings The Sub-Contractor warrants and undertakes that it has complied with, and will continue to comply with, all terms and obligations required of it under the Sub-Contract; to the extent it undertakes any design for the Sub-Contract Works, it has exercised, and will continue to exercise, the reasonable skill, care and diligence expected of a properly qualified and competent architect or other suitable professional designer experienced on projects of equivalent scope, type, size, nature and complexity to the Works. The Sub-Contractor’s obligations under this Memorandum are neither wider nor longer in duration than those owed to the Contractor under the Sub-Contract; in any action it may rely upon any limitation and equivalent defences available thereunder as if the Beneficiary were a joint employer with the Contractor, save that it may not exercise any right of set-off or counterclaim. The Sub-Contractor’s obligations under or by virtue of paragraph 1 shall not...

The Contract consists of the finalised SBCC Standard Building Contract with Approximate Quantities (Scotland) 2016, subject to these amendments: RECITALS Fifth Recital Remove the Fifth Recital and replace it with: ‘The Contractor has provided the Architect/Contract Administrator with a master programme and a Schedule of Information Requirements.’ Twelfth Recital Delete the first sentence and substitute: ‘The Contractor has inspected the Site and satisfied himself as to its dimensions, location and other relevant matters, and, where there is a Contractor’s Design Portion, has examined the Employer’s Requirements and is satisfied that the Contractor’s Proposals will meet the Employer’s Requirements, and has agreed to accept responsibility for the entire design contained in the Employer’s Requirements and the Contractor’s Proposals.’ ARTICLES Article 6 At the conclusion of Article 6 add: ‘The Tender Price includes the Contractor’s price for carrying out the duties of Principal Contractor.’ Article 8 Arbitration Delete Article 8 and insert ‘Not used.’ Article 11 Add a new Article...

Clause 2.27.1 of the JCT Standard Building Contract 2011 (SBC) Clause 2.27.1 provides that where it becomes reasonably clear that progress of the Works, or any Section, is delayed or likely to be delayed, the Contractor must at once notify the Architect/Contract Administrator, explaining the material circumstances, including the reasons for the delay, and in that notice point out any occurrence he regards as a Relevant Event... Lexis+® UK practical point: the same wording appears in the Standard Building Contract 2016 (cl 2.27.1) and in the JCT Design and Build Contract 2011/2016 (cl 2.24.1), save that in the design and build forms the addressee ‘Architect/Contract Administrator’ is replaced by the ‘Employer’... Two principal questions arise when deciding whether a notification clause such as SBC clause 2.27.1 has been properly observed: what does the obligation to give notice ‘forthwith’ encompass, and is the contractor obliged to meet this condition? what level of notification/particulars of the ‘material circumstances’ must be provided? ...