Landscape Professional Practice

by Clamp, Hugh

• ISBN13: 9780566080715
• ISBN10: 0566080710
• Edition: 2nd
• Format: Hardcover
• Copyright: 1999-10-01
• Publisher: Gower Pub Co

Summary

This respected guide, recognized as an essential reference for landscape practitioners, has now been revised and updated to reflect changes in legislation and developments in practice management.The new edition includes separate chapters on Common and Statute Law with additional coverage of water-related, environmental, planning and construction legislation, the Construction Design and Management (CDM) Regulations 1994 and Department of Environment Policy Guidance Notes. This reprint of the second edition includes revised guidance on the latest JCLI Standard Form of Contract, and guidance on the ICE New Engineering and Construction Contract and Domestic, Named and Nominated Subcontracts; and JCT Standard Forms. It also includes as appendices the JCLI Agreement for Landscape Maintenance Works, The Landscape Institute's 1994 Code of Professional Conduct, the Landscape Consultant's Appointment and JCLI Contract Forms. This edition also includes a chapter on Dispute Resolution and sections on Continuing Professional Development and Professional Indemnity Insurance.In describing in detail the Code of Professional Conduct governing the appointment of landscape consultants and their relationships with clients, colleagues and competitors, and in explaining the key areas of professional practice, this book offers much-needed advice enabling landscape practitioners to meet the legal, ethical and practical demands of their work and achieve professional competence. It also provides valuable information and guidance for managers, contractors, nurserymen and scientists involved in landscape and amenity projects, and for advanced landscape, architecture and horticultural students.Landscape Professional Practice covers the requirements of the syllabus of the Landscape Institute Professional Practice Examination.

Table of Contents

List of figures and tables	ix
Preface to the first edition	xi
Preface to the second edition	xiii
The Code of Conduct and the Landscape Consultant's Appointment	1	(42)
The Landscape Institute Code of Professional Conduct	1	(3)
Forms of practice	4	(8)
Practice promotion	12	(1)
The Landscape Consultant's Appointment	13	(1)
Part 1 - Landscape consultant's preliminary and basic services	14	(3)
Part 2 - Other services	17	(4)
Part 3 - Conditions of Appointment	21	(5)
Guidance for clients on fees and engaging a landscape consultant	26	(13)
Guide to competitive fee tendering procedures	39	(4)
Common law relating to landscape professional practice	43	(8)
Common law	43	(8)
Natural rights	44	(1)
Nuisance	45	(1)
Trespass	46	(1)
Negligence	47	(2)
Limitation	49	(1)
Restrictive covenants	50	(1)
Statute law relating to the protection of the environment	51	(24)
Acts	51	(17)
National Parks and Access to the Countryside Act 1949	51	(2)
Civic Amenities Act 1967	53	(1)
Town and Country Planning Acts 1971--1990	54	(7)
Finance Act (Value Added Tax) 1972	61	(1)
Health and Safety at Work Act 1974	62	(1)
Ancient Monuments and Archaeological Areas Act 1979	62	(1)
Highways Act 1980	63	(1)
Wildlife and Countryside Act 1981 (Sites of Special Scientific Interest)	64	(1)
National Heritage Act 1983	64	(1)
Building Act 1984	65	(1)
Housing and Planning Act 1986	66	(1)
Water Act 1989	66	(1)
Environmental Protection Act 1990	66	(1)
Planning and Listed Building Act 1990	67	(1)
Access to Neighbouring Land Act 1992	67	(1)
Environment Act 1995	67	(1)
Dogs (Fouling of Land) Act 1996	67	(1)
Housing Grants, construction and Regeneration Act 1996	68	(1)
Statutory Instruments -- Regulations/Orders -- DETR Circulars	68	(7)
Control of Pesticides Regulations (SI 86/1510)	68	(1)
Environmental Assessment (SI 76/1419) and GDO (SI 77/289)	69	(1)
Town and Country Planning - Assessment of Environmental Effects Regulations (SI/88/1199)	69	(1)
Environmental Assessment: A Guide to Procedures DoE 1989	70	(1)
Construction (Design and Management) (CDM) Regulations 1994	70	(2)
Hedgerow Regulations (SI 97/1160)	72	(1)
Housing Grants and Construction Regulations (SI 96/2352)	73	(1)
DETR Circulars	73	(1)
DETR Planning Policy Guidance Notes (PPGs)	73	(2)
Practice management	75	(20)
Financial control	75	(4)
Staff	79	(2)
Resource allocation and job costing	81	(1)
Office organization	81	(2)
Premises	83	(2)
Office administration and equipment	85	(6)
Continuous Professional Development (CPD)	91	(1)
Professional indemnity insurance (PII)	92	(1)
Directory of Registered Landscape Practices	93	(2)
Tender and contract documents	95	(32)
Pre-contract project and tendering procedures	95	(1)
Production information and bills of quantities	95	(1)
Landscape drawings	96	(8)
Landscape specifications	104	(10)
Landscape quantities	114	(3)
Tender procedures	117	(10)
Landscape contracts and contract conditions	127	(44)
The meaning and essentials of a valid contract	127	(2)
The types of contract for landscape works	129	(3)
The JCLI Standard Form of Contract for Landscape Works	132	(25)
The JCT Intermediate Form IFC 84	157	(1)
The Institute of Civil Engineers (ICE) Form	158	(1)
The ICE New Engineering and Construction Contract (NEC)	158	(2)
Subcontracts	160	(11)
Landscape contract administration	171	(24)
Employer's agent	171	(1)
Mobilizing resources	171	(1)
Pre-contract meetings	172	(2)
Certification	174	(1)
Landscape consultant's instructions	175	(10)
Subcontract administration	185	(1)
Extensions to the contract period and disturbance of regular progress	186	(2)
Professional obligations to the client	188	(7)
Dispute resolution	195	(12)
The Code of Conduct	195	(1)
Alternative Dispute Resolution (ADR)	196	(1)
Arbitration	196	(2)
The JCLI Arbitration Clauses	198	(3)
The JCT and CIMAR Arbitration Rules	201	(1)
Litigation	202	(3)
References	205	(2)
Appendices	207	(1)
1 The Landscape Institute Code of Professional Conduct	209	(2)
2 The Landscape Consultant's Appointment	211	(18)
3 The JCLI Standard Form of Agreement for Landscape Works	229	(28)
4 The JCLI Standard Form of Tender and Conditions of Subcontract	257	(6)
5 The JCT 80 Standard Form of Tender for Nominated Sub-Contracts	263	(6)
6 The JCLI Supplement to the JCT Intermediate Form IFC 84	269	(2)
7 Recent Statutory Acts, Statutory Instruments -- Regulations/Orders -- DETR Circulars and Planning Policy Guidance Notes relating to the Environment	271
Appendices 1--4 and 6 are reproduced by permission of the Landscape Institute and Appendix 5 by the Joint Contracts Tribunal	207	(72)
Index	279