Download or read book European Architect Law written by Stéphanie van Gulijk and published by Maklu. This book was released on 2009 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal relationship between architects and clients suffers from two basic tensions that have been debated in several European countries. First, the market for design of buildings is not the exclusive domain of architects anymore. Other disciplines have gradually encroached on the architect's core activities. Many new forms of contract have been developed in the construction industry. These market models no longer fit the traditional design contract, departing from the idea that an architect designs a structure that is fit for its purpose and subsequently supervises the realization of the design by the building contractor. Second, designing buildings is a low yield/high risk endeavor. If the obligations of architects under the design contract are not performed well, they are exposed to severe liabilities which may cause serious financial problems. Detailed comparative research on design contracts shows that rule makers have difficulties in dealing with these two tensions. In Europe, considerable differences exist regarding the national rules that apply to the contractual relationship between architects and clients. Therefore, in this study, four regulation issues have been investigated that deal with establishing rules to govern the two tensions: market entry regulation, architect liability, limitation of architect liability, and professional liability insurance. In order to evaluate these regulation issues, a law and economics perspective is applied. The book will help to establish which combination of regulation options is likely to lead to more efficient outcomes. It provides insights in what is the best way to deal with the two tensions in the relationship between architects and clients, and it contributes to establishing a new design for European architect law.
Download or read book The Architecture of European Codes and Contract Law written by Stefan Grundmann and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: The nineteen outstanding contributors to this deeply insightful book concur in envisioning a fundamentally new systematic concept of contract law that, while preserving the essential andarchitectureand of the existing European codes, would nonetheless find cogent ways to integrate such modern developments as mass transactions, chains and networks of contracts, regulation of markets and contracts to protect consumers, and service and long-term contracts into an optional European code. The book is organised along three major avenues: and the systematic arrangement of a contract law code - how it deals with core questions of formation and performance or breach of contract, such as mistake and misrepresentation, standard contract terms, and remedies in the case of breach of contract; and the apparent necessity to merge consumer contract law (i.e. such issues as product safety and liability, warranties, and consumer debt and insolvency) with traditional core contract law concepts; and and the importance to substantive contract law of the pre-contractual phase, in which information duties are becoming steadily more paramount. The authors perspectives cover a wide range of jurisdictions, including new EU Member States. The bookands commitment to an integration of comparative law, EC law, and the debate on European codification offers practitioners and academics fertile ground for the development of a new model of contract law that is more than a common denominator of what has been in force so far. This model may serve as a basis for Europe-wide and perhaps even worldwide discussion.
Download or read book Architect s Legal Handbook written by Anthony Speaight and published by Butterworth-Heinemann. This book was released on 2014-05-15 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Architect's Legal Handbook: The Law for Architects, Fifth Edition is a collection of papers including those on International Work by Architects, on European community Law affecting Architects, and the Architects' Professional Indemnity Insurance. This collection is a comprehensive guideline to laws in England, Scotland, and the European community. This handbook seeks to make architects more aware of where possible legal pitfalls may lurk. Coverage is updated to include changes in English Law, Scottish Law, English Law of Contract, the Law of Tort, Architect's Appointment and Collateral Warranties, Architects' Liability, English and Scottish Land Laws, and the Standard Building Contracts in England. The origins and sources of the laws and the basic principles are explained, which guide the reader into how these are applied in the architects' relations with their clients and clients; contractors. A wider discussion is given on the topic of collateral warranties, incorporation options, and legal organizations such as partnerships and limited companies. Upon the formation of the European Community, institutions and treatises have arisen, so a review of technical harmonization and standards, right of establishment and freedom to provide services, product liability, and consumer protection is provided in order. The international workplace for British architects is also discussed, covering most countries in Europe. This collection of papers will prove useful for architects and engineers, especially those who want to put up their own architectural firms. The book can be likewise an informative source for architectural students, lawyers, and professors in business and commercial law.
Download or read book Experimentalist Governance in the European Union written by Charles F. Sabel and published by Oxford University Press on Demand. This book was released on 2010-02-25 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a distinguished interdisciplinary group of European and American scholars to analyze the core theoretical features of the EU's new experimentalist governance architecture and explore its empirical development across a series of key policy domains.
Download or read book The Architecture of Fundamental Rights in the European Union written by Šejla Imamovic and published by Bloomsbury Publishing. This book was released on 2022-02-10 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the new architecture for the protection of fundamental rights in Europe after the entry into force of the Lisbon Treaty. As a starting point, it identifies how the EU has gained a prominent role in promoting and protecting fundamental rights at European level despite the absence of an unlimited mandate to address fundamental rights violations. This new setting affects the traditional relationship between the EU, the ECHR system and the Member States and, in the absence of EU accession to the ECHR, enhances the risk of tensions and conflicts between the case law of the two European Courts. Examples of these tensions and conflicts are explored in the Area of Freedom Security and Justice, which is one of the most fundamental rights-sensitive areas of EU law and one of the busiest areas of activity for the CJEU. The book offers new insights into existing rules on the resolution of conflicts between EU and ECHR law before mapping out techniques actually used by domestic courts to avoid or address such conflicts.
Download or read book The Architecture of Fundamental Rights in the European Union written by Šejla Imamovic and published by Bloomsbury Publishing. This book was released on 2022-02-10 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the new architecture for the protection of fundamental rights in Europe after the entry into force of the Lisbon Treaty. As a starting point, it identifies how the EU has gained a prominent role in promoting and protecting fundamental rights at European level despite the absence of an unlimited mandate to address fundamental rights violations. This new setting affects the traditional relationship between the EU, the ECHR system and the Member States and, in the absence of EU accession to the ECHR, enhances the risk of tensions and conflicts between the case law of the two European Courts. Examples of these tensions and conflicts are explored in the Area of Freedom Security and Justice, which is one of the most fundamental rights-sensitive areas of EU law and one of the busiest areas of activity for the CJEU. The book offers new insights into existing rules on the resolution of conflicts between EU and ECHR law before mapping out techniques actually used by domestic courts to avoid or address such conflicts.
Download or read book Deciding about Design Quality written by Leentje Volker and published by Sidestone Press. This book was released on 2010 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past few years the image of tender procedures in which Dutch public clients selected an architect has been dominated by distressing newspaper headlines. Architects fear that the current tender culture will harm the quality of our built environment due to a potential lack of diversity, creativity and innovation in architectural design. Due to potential risks clients often allow legal requirements to overrule their actual wishes. This PhD research addresses the origin of the problems as currently experienced by public commissioning clients in architect selection and proposes pragmatic implications for future practice. It is therefore of interest for commissioning clients, management consultants, policy makers and legal advisors but also for designers and researchers in the field of architecture and decision making.
Download or read book Towards Sustainable Architecture written by Brian Edwards and published by Butterworth-Heinemann. This book was released on 1996 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Brian Edwards explains the new responsibilities and opportunities for architects emanating from environment laws and directives." "The practice of architecture is increasingly constrained by new legislation aimed at protecting the enviromnent and the consumer, mainly the result of directives from the European Commission. The broadening of environmental controls means that questions of environmental assessment, impact on ecosystems or heritage sites, energy use, safety requirements and environmental audits have become part of the daily life of architecture. The effect of the legislation is to create a new architectural order where low ecological impact and minimum energy use generate the form and style of building." "In this essential reference book, Brian Edwards and a team of expert contributors set out the important principles which may help in the practice of architecture. As fresh controls are enacted, new skills and knowledge are needed which this book outlines through principles and case studies."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Download or read book AJ Legal Handbook written by Anthony Speaight and published by Butterworth-Heinemann. This book was released on 1985-01-01 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Regulation of Architects in Belgium and the Netherlands written by Sarah Schoenmaekers and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses and compares the regulation of architects in Belgium and the Netherlands. It analyzes who is allowed to use the title and to practice the profession of architecture in both countries. Since the European Union has created rules on whether architects are allowed to use their title and to practice their profession in other Member States, the book also discusses EU legislation and case law on the free movement of architects in and to the EU. The contractual liability of architects working in Belgium, including the legal liability period of ten years for serious defects, is assessed and compared with the liability of architects in the Netherlands, which is often determined and limited by standard terms. The book also contains an economic analysis of the regulation of architects in both States. In this regard, it is discussed to what extent the Belgian and Dutch regulations are necessary and proportional to achieve the goals set. It is demonstrated that the intensity of p
Download or read book Building Projects in the European Union written by Bert Bielefeld and published by . This book was released on 2005 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to provide a comprehensive overview of the activities of architects and engineers outside their own countries: a practical handbook which investigates fundamental aspects such as acquisition, implementation, economic viability and the legal framework of overseas commissions.
Download or read book Sustainable Architecture written by Brian Edwards and published by Architectual Press. This book was released on 1999 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brian Edwards and a team of expert contributors set out the important sustainable principles in the practice of architecture. The second edition outlines the full impact of environmental laws for architects, especially those which derive from Europe. This second edition has six new chapters, including Photovoltaics and new sections on 'Water conservation' and 'Sustainable construction'. It has been updated in line with the changes in European environmental law; there are also many more built examples which are fully illustrated. A wider range of case studies, targeted to the chapter themes, is also included. Brian Edwards is Professor of Architecture at the University of Huddersfield. He is also a member of the RIBA's Environment and Energy Committee and Advisor to Kirklees Council on Agenda 21. An expert team of contributors provide an authoritative guide to sustainable design and the law Comprehensive range of case studies illustrate all aspects of the architect's responsibilities
Download or read book Law in Practice written by John Wevill and published by Routledge. This book was released on 2019-09-04 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intensely practical and clearly written, Law in Practice: the RIBA Legal Handbook is the RIBA’s jargon-free, professional guide to the law as it relates to a construction project. It addresses all the fundamental, up-to-date issues of contemporary construction law, allowing architects to make sound judgements, avoid disputes, and run projects on a safer basis. This new edition has been fully updated to reflect the new RIBA Plan of Work 2013 – the industry’s framework for construction projects – as well as recent case law and other legal updates that the practising architect needs to be aware of. Why does an appointment need to be written? Why does language matter? What is a novation? What does an overall cap on liability mean, and how can you convince a client to agree one? How do you assess an extension of time? When should you notify your insurer of a potential claim? Law in Practice answers all of these questions and many more.
Download or read book The Open Architecture of European Human Rights Law written by and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book European Agencies in Between Institutions and Member States written by Michelle Everson and published by Kluwer Law International. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite concerted efforts in recent years to define the position of agencies in the Union framework, a clear overall view of their role and powers in relation to the EU institutions and to the Member States is still lacking. Their hybrid character as part of the composite EU executive, and the fact that increasing powers are delegated to them, makes an understanding of the efficacy and accountability of agencies ever more important. Benefitting from both academic and practitioner insights from law, political and social sciences, this important book offers an in-depth analysis of the current challenges surrounding European agencies in terms of their design, autonomy, supervisory competence, and legal nature. Among the topics covered are the following: realities of the accountability mechanisms currently in place; impact of agency acts on the EU's institutional balance of powers; agencies as global actors acting on behalf of Member States and EU external relations; agencies derived from former networks of national regulators; non-hierarchical 'par' nature of agencies vis-à-vis corresponding national authorities; agencies as crucial amalgams between EU institutions and Member States; effect of the Meroni doctrine; new financial supervisory agencies resulting from recent economic and financial crises; special role of telecommunications agencies; and intricacies of the relationship between agencies and the European Parliament. Because EU agencies are designed to facilitate the implementation of EU law at the national level, powers are increasingly conferred on them in order to ensure that rules are enforced effectively and uniformly. The time has come, however, to confront the many questions of legality and constitutionality that remain. This book responds to the vital as to the role and powers of agencies in relation to their manifold 'principals', the EU institutions and the Member States, and lays a firm foundation for managing the challenges ahead.
Download or read book EU Law of Economic Monetary Union written by Fabian Amtenbrink and published by Oxford University Press. This book was released on 2020-05-21 with total page 1808 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting a sweeping analysis of the legal foundations, institutions, and substantive legal issues in EU monetary integration, The EU Law of Economic and Monetary Union serves as an authoritative reference on the legal framework of European economic and monetary union. The book opens by setting out the broader contexts for the European project - historical, economic, political, and regarding the international framework. It goes on to examine the constitutional architecture of EMU; the main institutions and their legal powers; the core legal provisions of monetary and economic union; and the relationship of EMU with EU financial market and banking regulation. The concluding section analyses the current EMU crisis and the main avenues of future reform.
Download or read book Policy and Law in Heritage Conservation written by Robert Pickard and published by Taylor & Francis. This book was released on 2012-11-12 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book has been developed in association with the Cultural Heritage Department of the Council of Europe. It examines key themes and objectives for the protection of the architectural and archaeological heritage in a range of European countries. The analysis of individual countries and the group as a whole gives an assessment of how advanced current mechanisms are and the ongoing problems that remain to be managed in order to safeguard the 'common heritage'.
