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This Practice Note sets out targeted guidance on exclusions and caps on liability applicable to consultant appointments. It should be considered alongside Practice Note: Limiting liability in construction contracts, which contains fuller detail. Why consultants seek to limit their liability Professional consultants delivering design and/or other professional services on construction schemes will typically hold professional indemnity (PI) insurance to protect them if they are sued for breaching a professional duty. Most professional appointments usually oblige consultants to procure and keep PI insurance in place. PI insurance safeguards not only the consultant, but also the employer, by ensuring there is a defined pot of funds, albeit from insurers, available to satisfy any claim against the consultant. For further detail on PI insurance, see Practice Note: Professional indemnity insurance in construction projects. However, PI cover is costly, and the limits purchased by many consultants are unlikely to meet every potential claim, particularly on major projects...
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z ABI Model Form of Guarantee Bond A performance guarantee bond template issued by the Association of British Insurers (ABI) and commonly applied to construction projects, though it is frequently amended. See Practice Note: Amendments to ABI Model Form of Guarantee Bond. Acceleration In construction law, acceleration is generally taken to mean adopting measures to increase the pace of the works so as to complete them earlier than would otherwise be the case. See Practice Note: Acceleration of construction works, Precedent: Acceleration Agreement and Clause: Acceleration clause. ACE See the Association for Consultancy and Engineering (ACE) below. Activity schedule A schedule of activities the contractor anticipates carrying out in completing the works...
Practice Note The PSA is a model consultant appointment issued by the ACE (Association for Consultancy and Engineering). This Practice Note focuses on the 2017 version (earlier ACE Agreement editions and related documents were released in 2009). The ACE PSA includes built-in guidance and is available in both digital and printed formats... ACE also issues further agreements, such as: Advisory, Investigatory and other services a sub-consultancy agreement a short form agreement an agreement intended for use by a consumer (none of which are addressed in this Practice Note) This Practice Note reviews notable provisions of the ACE PSA. It also examines the collateral warranty form designed to accompany the ACE PSA and signposts the separate ACE services schedules for civil and structural engineering and for mechanical and electrical engineering. For contemporary commentary from the time of publication, see the News Analysis by Sir Vivian Ramsey: ACE Professional Service Suite of Agreements 2017 released. Consistent with the ACE PSA, this...