Legal Updates

AN OVERVIEW OF A DESIGN PROFESSIONAL'S DUTIES

A design professional has various types of duties and responsibilities in a construction project. The design professional not only has duties and responsibilities towards his or her client but may also have duties and responsibilities towards other parties. The design professional's contract with his or her client will determine the majority of his or her duties and responsibilities.

AN OWNER'S RIGHT TO STOP & TO COMPLETE WORK

An owner who is involved in a construction project has certain rights under his or her contract with a contractor. One of the owner's rights in a construction project is the right to stop work on the construction project. This right is similar to the owner's right to terminate the contract for breach of contract by the contractor.

DEFINITIONS OF INTERNATIONAL ARBITRATION IN GLOBAL CONSTRUCTION PROJECTS

When a global construction project involves a contract that provides for arbitration in the event of a dispute, the arbitration may be considered to be an international arbitration. An arbitration is considered to be an international arbitration if the underlying construction project is an international project, that is, a construction project that involves different countries. An arbitration is also considered to be an international arbitration if the underlying dispute has an international character, that is, if the parties that are involved in the project are from different countries.

A DESIGN PROFESSIONAL'S STANDARD OF CONDUCT

A design professional who enters into a contract with an owner for a construction project has a duty to conform to a standard of conduct, which duty is in addition to his or her contractual duties. The design professional's standard of conduct is to possess the necessary skills and ability that will allow him or her to perform his or her services in a reasonable and a proficient manner.

Engineering Disciplines

Engineers often work with architects in designing and planning the construction project. Given the nature and complexity of some construction projects, engineers from different disciplines may be called upon to contribute their expertise.