Development and the Law: A Guide for Construction and Property Professionals

by Bruce-Radcliffe; Godfrey

• ISBN13: 9780415290210
• ISBN10: 041529021X
• Edition: 1st
• Format: Hardcover
• Copyright: 2005-08-01
• Publisher: Routledge

Summary

A gap has long existed between construction professionals (such as architects, engineers, quantity surveyors, mechanical and electrical engineers, environmental consultants and others) and the property development process. The underlying development structures, expressed in terms of legal obligation and accountability, are all too little understood. This practical guide by a highly experienced lawyer identifies the role of the professional in its wider context, and looks beyond their relationship with their immediate employer. This encourages them to appreciate the concerns and interests of people such a joint venture partners, bankers, funders, landowners with an interest is the outcome, and tenants. The development professional needs to understand the pattern or web of relationships between a variety of principals, both in terms of contractual obligation and duty of care.

Table of Contents

Preface	vi
The players. Or: who do you think you are?	1	(14)
Joint ventures. Or: can I join in too please?	15	(14)
Development and forward funding agreements. Or: now, let's really party!	29	(21)
Forward sale, loan and occupational tenant agreements. Or: and here's how the others do it	50	(11)
Site assembly and elements of land law. Or: what have we here?	61	(17)
Interpretation and some statutory hurdles. Or: how to invite trouble?	78	(16)
Construction procurement in the development process. Or: before you build a house of cards, first get a pack	94	(20)
When it all goes wrong. Or: fallback in action	114	(17)
The management of risk. Or: 'tis better to be safe than sorry	131	(23)
Index	154