Services engineer meaning

Jenni Glover & Littleton Glover v Fluid Structural Engineers and Technical Designers Ltd [2023] EWHC 3219 (TCC) What are the practical implications of this case? This judgment revisits the principles governing two intricate aspects of professional negligence claims: the linkage between a professional’s scope of duty and the claimant’s recoverable losses, and the situations in which a claimant can reclaim fees paid for inadequate professional work. For those in the construction sector, the key takeaways include: scope of duty: the court indicated that losses recoverable from negligent structural engineers depend on a nuanced, fact-specific evaluation, and are not confined to ‘conventional’ losses, ie damages for defects. In this matter, it was at least arguable that the defendant engineer could be liable for costs the employer claimants said they had wasted investigating claims, arising from deficient information supplied by the engineer repayment of fees: the court reaffirmed that a claimant may pursue recovery of a professional’s fees where the services were not delivered at all,...

Engineer.AI Global Ltd v APPY PIE Ltd and another company [2024] EWHC 1430 (IPEC) What are the practical implications of this case? This decision is highly significant for advisers guiding clients in the AI and technology space on trade mark strategy and protection. Generic sector terms (for example, ‘Builder’), even when paired with tech-related suffixes such as ‘.ai’ or ‘Pro’, or given only slight stylisation, are liable to be treated as descriptive and lacking inherent distinctiveness. Advisers should caution clients against choosing such terms as their brands. Distinctiveness is always assessed from the standpoint of the relevant public for the goods or services associated with the mark. The ruling further highlights the vital importance of the quality and consistency of evidence in trade mark matters, particularly where a claimant must establish acquired distinctiveness or reputation. Engineer.ai’s evidence was found wanting in several respects. Material filed by the claimant conflicted with its pleadings and was not backed by verifiable, contemporaneous documents (dated before the Relevant Date) to substantiate the...

In this issue: Collateral Warranties Standard form construction contracts General election Consultant Appointments Building Safety Scots law Procurement in construction Daily and weekly news alerts New Q&As Construction trackers Collateral Warranties Supreme Court holds that a collateral warranty is not a ‘construction contract’ for the purposes of HGCRA 1996 (Abbey Healthcare v Augusta 2008 (formerly Simply Construct)) In Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP (formerly Simply Construct (UK) LLP) [2024] UKSC 23, the Supreme Court unanimously concluded that a collateral warranty is not a ‘construction contract’ for the purposes of HGCRA 1996, s 104, and therefore does not confer a statutory right to adjudication. The court reasoned that a collateral warranty would only qualify as a ‘construction contract’ where, by agreement, the contractor assumes towards the beneficiary an obligation to carry out construction operations that is separate or distinct from the duties owed under the building contract. As a result,...

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 Schedule of amendments A compiled list of changes to a standard form contract in which the parties record their agreed departures from the issued terms. Accordingly, it should be read alongside the underlying standard form. The parties should ensure any negotiated and agreed schedule of amendments is duly incorporated into the contract. Within NEC3/NEC4 suites, such alterations to the standard form are known as Z clauses. Refer to Practice Notes: Construction contract documents and Selection of standard form construction contracts, and to our relevant Precedent schedules under the Precedents tab in subtopics: JCT contracts 2024—overview, JCT contracts 2016, JCT contracts 2011, NEC contracts and Other standard form construction contracts. Schedule of rates/prices A schedule used in tendering when precise quantities are not established, or within a lump sum arrangement for pricing variations (often termed a Bill of Quantities). The tenderer...

MF/1 Formerly titled ‘Model Form A’, ‘MF/1’ sets out Conditions of Contract for the design, supply and installation of electrical, electronic and mechanical plant. First issued in 1903 by the Institution of Electrical Engineers (IEE), further editions appeared across the twentieth century. In 1926 the Institution of Mechanical Engineers joined the IEE as co-publisher, broadening the scope to include mechanical works. The 1988 edition adopted the MF/1 name and merged with the export version. This Practice Note reviews the 2014 Revision 6 of the form, now published on behalf of the Institution of Engineering and Technology (IET) and the Institution of Mechanical Engineers. Other contracts within the Model Form suite cover supply only (MF/2 and MF/3) and professional services (MF/4). See Practice Notes: MF/2 Rev 2 (1999), MF/3 Rev 1 (2001) and MF/4 (2003). MF/1 is appropriate for projects featuring a substantial element of mechanical, electrical and electronic plant—spanning electricity generation, waste incineration, amphibious boats, fire safety equipment and automated manufacturing systems. Although not part of MF/1, it...

MF/1 Formerly titled ‘Model Form A’, MF/1 sets out Conditions of Contract for the design, supply and installation of electrical, electronic and mechanical plant. First issued by the Institution of Electrical Engineers (IEE), the Institution of Mechanical Engineers (IMechE) later joined as publisher, broadening coverage to mechanical works. In 1988 the edition was retitled and merged with the export version as MF/1. This Practice Note reviews the 2024 Revision 7 of the form, now published on behalf of the Institution of Engineering and Technology (IET) and the IMechE. Other Model Forms include: MF/2 and MF/3 – conditions for supply only MF/4 – professional services See Practice Notes: MF/2 Rev 2 (1999), MF/3 Rev 1 (2001) and MF/4 (2003). MF/1 is intended for projects with a significant mechanical, electrical and electronic plant element and has been used on schemes such as: electricity generation waste incineration fire safety equipment automated manufacturing systems Although...

DATE [ date ] Parties [ name of Authority ] of [ address ] (Authority) [ name of Licensee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Licensee) 1 Definitions In this Licence, the terms below have the following meanings: [ Approval • [ the Planning Permission and ] any [ other ] consent, licence, permission or approval (other than this Licence) required for the Licensee to undertake the Works; ] Building • the Licensee’s building [ described as [ details ] OR proposed to be constructed at [ address ] ] [ as depicted [ edged OR coloured OR hatched ] [ colour ] on the [ Plan[ s ] OR Drawing[ s ] ] ] [ and recorded at HM Land Registry under title number [ title number ] ] ; [ Drawing[ s ] • the...

Schedule of services—M&E Engineer (Design and build procurement) The Consultant shall: General responsibilities (Stages 0–7) Lead and co‑ordinate the Design Team, integrate discipline designs, chair design meetings, manage stage reports, and facilitate Client–team communications. Act as Principal Designer under CDM 2015 and the Building Regulations 2010, or liaise with the appointed Principal Designer to secure safe design practice. Receive Client/Contractor instructions around novation, align deliverables with cost, prepare/review drawings and specifications, and maintain a deliverables schedule. Ensure full design co‑ordination, resolve carry‑over items each stage, advise on Client CDM duties, and collaborate with the BIM Manager. Pre‑novation (Stages 0–4) Undertake site appraisals, risk and viability advice, desk studies, and surveys; develop the brief and responsibility matrix; support cost planning and BIM decisions. Formulate options, outline proposals and utilities strategies; define consultant/specialist or contractor‑designed packages; progress spatial co‑ordination, compliance and energy strategies; provide scheme, technical design and stage reports; support Employer’s Requirements and Building Contract preparation....

Schedule of services—M&E Engineer (traditional procurement) Schedule of services—M&E engineer (traditional procurement) The Consultant shall: General responsibilities (Stages 0–7) Serve as Lead Consultant for the Project, which includes: advising on the scopes of services for other members of the Design Team advising on the requirement for additional specialist consultants to complete the Project, and defining their scopes of services directing the other consultants comprising the Design Team co-ordinating and integrating the design of the Project as a whole arranging and chairing regular design meetings to support delivery of the Project, ensuring minutes are taken and circulated afterwards facilitating communication between the Client and the Design Team co-ordinating and collating end of stage reports Either perform the role of Principal Designer under the Construction (Design and Management) Regulations 2015 and the Building Regulations 2010 to uphold best practice in respect of safety in design, or interact and liaise as required...