Housing Development Legal Issues

Housing Development Legal IssuesArchitectural BIM engine roomTable of Contents (Jump to)Executive Summary1.0 Introduction2.0 St Johns College Respond house Development3.0 paygrade of Legal issues4.0 Conservation Protected expressions5.0 indebtedness of distribute6.0 area of kit and boodle7.0 Boundary Disputes8.0 Reflective LearningBibliographyTable of CasesDonoghue v Stevenson 1932 AC 562Hym some(prenominal) Pon in additionn Ltd -v- Galkil Ltd t/a Imp move Developments IEHC 188Dempsey Anor -v- Waterford Corporation 2008 IEHC 55 (29 February 2008) reference work as 2008 IEHC 55List of Images human body 1 http//www.mythen building.ie/wp-content/uploads/2014/09/St-Johns-College-Waterford.jpgFig 2 http//waterfordireland.tripod.com/stjohnscollege.jpgFig 3 http//maps.osi.ie/ taproomlicviewer/V1,661050,611123,7,10Fig 4 http//maps.osi.ie/publicviewer/V1,661050,611123,7,14Fig 5 http//maps.osi.ie/publicviewer/V1,661050,611123,7,11Fig 6- http//waterfordcouncil.maps.arcgis.com/ apps/Solutions/s2.html?appid=c6d45bb300e6463db7e9c6bd1df43441Fig 7 http//waterfordcouncil.maps.arcgis.com/apps/Solutions/s2.html?appid=c6d45bb300e6463db7e9c6bd1df43441Fig 8 http//waterfordcouncil.maps.arcgis.com/apps/Solutions/s2.html?appid=c6d45bb300e6463db7e9c6bd1df43441Executive SummaryThis document allow for rivet on identifying expanding and exploring wakeless issues which may be encountered regarding the caparison suppuration by Respond in lift offnership with Department of Environment, local Government and Communities. The labor movement is to consist of 21 apartments in the upper direct of the existing St Johns College building and 36 invigorated apartments in a freshly build block which pass on be located on the college state of affairs at Richardsons Folly, Waterford. Mythen construction will be the avowers on point for the pop which started in December 2013. The legal issues which will be focus of the project are Conservation Protected constructions , Duty of Care, Scope of whole kit and boodle and Boundary disputes. Each welkin will be intimated within the document and furthermore grow on in fix up to outline methods of resolving much(prenominal)(prenominal) issues. Legal literature regarding some(prenominal) construction and normal law will be used as will withdraw case law in order to widen the scope and hand over a more general view of the issues.1.0 IntroductionThe main rent of this document is to identify, evaluate and expand on the main legal issues probably to arise in relation to the respond housing association development at St Johns College, Richardsons Folly, and Waterford. The document will explore legal issues cogitate to Architecture which may occur or be encountered by two an Architect and Architectural Technician on site during the duration of the project mentioned above. In evaluating these issues, past legal cases associated to the topics will be reviewed in order to proffer a clearer view of t he issues in question, to the relevant laws and how these issues tush be resolved. steerage will also be provided in price of how these issues can be dealt with and also how they can be foreseen and eliminated at an early stage in the prox as to avoid any disputes between all parties composite in the project whether these disputes happen on or off site. precedent to the breakdown of the issues which may arise a short overview of St Johns College, the history of the college and a breakdown of the project at a lower placetaken by Respond will be sketch in order to provide a wider scope of the project as a whole.2.0 St Johns College Respond housing DevelopmentSt Johns College is a Catholic seminary which as mentioned, is located at Richardsons Folly in Waterford. The college which was founded in 1880 for the Waterford/Lismore diocese. The college was do up of two schoolings the first cosmos a classical school run by Rev. Thomas Flynn and the second an Academy run by Dr. Geo ffrey Keating. The College closed in closed in 1999 due to lack of bodily process and vocations with the remaining students transferred. In 2007 it was announced that Respond Housing association in partnership with Department of Environment, Local Government and Communities had acquired sections of the site which is a defend structure of approximately 3900sq.m with a proposal of redeveloping the building into social housing. Mythen construction began plant on site in December 2013. The development as it stands is to consist of the retrofit/redevelopment of the existing college building which is to include 21 apartments on the upper floors with a new building located on site which will house 36 new apartments (2400 sq.m approx.) the redevelopment will also include communal facilities. Below are images of the proposed and existing buildings with 3 OSI maps showing the site location and the proposed new site.Proposed development Fig 1 animate building Fig2OSI Site plan Fig 3 Exi sting building- Fig 4 Proposed new site Fig 53.0 Evaluation of Legal issuesThe following are the legal issues which will be identified, evaluated and expanded on. As mentioned these issues will be broken down in order to identify how these issues can arise, how they can be dealt with and how they can be prevented in the future. Previous legal cases, Legal literature regarding construction and general legal resources will be used to further the reasoning behind such issues and how they may arise.Conservation Protected structuresDuty of CareScope of WorksTrespassBoundary Dispute4.0 Conservation Protected structuresThe first area to be explored is saving and saved structures. As the main college building is a saved structure this without doubt will be an issue associated with a project. When a project is undertaken which involves preservation or that of a protected structure it is ingrained to turn out an architect who has some experience in conservation or dealing with protected structures. As stated in the Irish cooking and Development act 2000 Each owner and each resident physician shall, to the extent consistent with the rights and obligations arising out of their respective interests in a protected structure or a proposed protected structure, check out that the structure, or any element of it which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, is non menace1. In keeping with the statement above it is important for a conservation survey to be carried out on the structure prior to showtime in order to ensure no part of the building is endangered.If with the project in question thither is need to either for an addition or deletion an addition as stated by the Irish Planning and Development act 2000 in the case of an addition, the addition is necessary or desirable in order to protect a structure, or part of a structure, of special architectural, historical, archaeo logical, artistic, cultural, scientific, social or technical interest, whether or non a recommendation has been made under section 532 On the opposite hand in term of a deletion the 2000 act states in the case of a deletion, the protection of the structure or part is no longer warranted In order to avoid any disputes or intermission of regulations it is essential to carry out work on a protected structure with a high degree of precaution. It is in everyones scoop out interests to ensure that a protected structure is nearly maintained and keep accordingly which in turn can eliminate any electromotive force problems which may be encountered during the duration of construction stage.5.0 Duty of CareDuty of care can be defined as person or persons responsibility to act with the same take of care, charge and cautiousness as a person in a standardised situation when carrying out an act, ensuring that there is no possibly of danger or endangerment. For example a designer should strive to achieve the same level of competency as a designer within the same subdue when carrying out full treatment ensuring that he has carried out the associated works with a likely amount of care. For example if an Architect fails to comply with building regulations this can be seen as a recess of his/her duty of care given that they founder failed to ensure the safety of the building occupants once works have been stainless failure to comply with such regulations may also lead to emf damage to the building.3 When it comes to any kind of building project there will always be a duty of care whether it be to the structure itself, to the client and the persons working on the site. Both the avower and Architect keep on a duty of care in terms of the proposed development being fit for purpose and also that the construction has been carried out in a competent manor including the drawings which were prepared for the project.To give an example in terms of duty of care being br eached by one party if the avower timbres as though the Architect is incompetent and that his/her drawings are not too a standard in which can be used to successfully and safely carry out the associated works the asseverator may feel that the Architect is in breach of their duty of care and vice versa if the tackleor/builder is not constructing the building in a safe and adequate manner then the architect may feel the builder is in breach of his/her duty of care. In terms of an example of duty of care outside of construction the case of case of Donoghue v Stevenson 1932 AC 562 is a fitting example as it came down to that it was the manufacturers duty of care to ensure the product was fit for human consumption and when it subsequently was found to not be fit for human consumption it was proven that it was a breach of duty of care on the manufactures side. 4 To ensure there are no disputes regarding duty of care it is crucial that all parties involved from the design squad to the construction team are competent enough with their responsibilities to sufficiently successfully and safely complete the project without breaching their duty of care and also that they hear they have a duty of care and that this must be adhered too.6.0 Scope of WorksAs per the RIAI step form of contract 2012 review by Tony Cunningham5 scope of works can be defined as The contractor must complete the works in accordance with the Contract Documents to the blessedness of the Architect. The contractor must also comply with Architects Instructions6. Prior to works commencing on the Respond housing development at St Johns College all works to be completed would have been draw within the contract such as the contractors roles and responsibilities on site as well as off site. Cunningham also goes onto mention within the review that if the contractor fails to deliver the specified works adumbrate then he/she may be held liable with the cost of such implications either being added to or reduced from the contract sum. The Architect also holds the power to appoint a new contractor to site in order to complete the scanty works left by the previous contractor whilst also charging fractional work to the original contractor. Given the scale of the project at St Johns College this could potentially be a problem during the duration of the works. In the case of Hymany Pontoon Ltd -v- Galkil Ltd t/a Impact Developments 2011 IEHC 1887 although the contractor had failed to complete some of the work which was outlined within the contract the judge deemed that the contractor could not be held trusty given the fact the scope of works outlined in the contract was broad and with very little specificity. Hymany Pontoon Ltd -v- Galkil Ltd t/a Impact Developments shows how in order for the contractor to fulfill the scope of works excoriately it is essential that the scope of works is carefully outlined in depth in order to eliminate confusion which in turn could cause a dispute be tween the architect and contractors or vice versa.7.0 Boundary DisputesWhen it comes to diputes involving limits there can be a number of factors or variables involved. In intimately cases involving boundary disputes it comes down to incorrect mapping which defines the boundarys of a site in position which in reality it may not be the correct position8. In order to attempt to define where a boundary lies the deployment of a professional surveyor to give his/her opinion on where the boundary lies may be crucial at the early stage in terms of elimating future disputes regarding the asscoiated boundary. In terms of St Johns College respond development from the pictures below the site of the develoment is outlined in blue with a smaller site also outlined in Fig6. There could potenially be a dispute if it is taken that the new development enchroaches onto the smaller site as this could also fall under prtivate nuisance. If there is no visible boundary between the two sites at St Johns College this may also cause a potenial dispute. In order to reslove a boundary dispute it will take a combination of both surveyors and lawyers. The lawyers will provided the releavnt information regarding the deeds and documentation which the surveyor will use in their investiagtion into providing the legal position of the boundary. The majority of boundary disputes can also be resolved using mediation as it can keep a civil relationship between both parties while preventing costly legal fees.9 10St Johns Boundary Fig 6 Proposed Site Boundary Fig 7 Secondary Site Fig 88.0 Reflective Learning boilers suit given the scale of the St Johns College project it is highly likely that one or more of these issues will arise on site during the duration of the project. Although the issues mentioned can be resolved it can also be a percentage more difficult to anticipate them. In saying this there are, as mentioned, ways in which they can be dealt with early on to picture and avoid any disputes and intern make for a easier more succesful project but this does not always happen on bigger projects.The majority of the issues which are encountered on and off site on projects can be eliminated through good detailed planning and also ensuring all parties undertand the terms outlined in the various contracts asscoiated with the works. The legal issues exlpored within the document have provided a wider scope personally which is very benifical in terms of the future and future employment as I now have a greater understanding of what each one entails. I feel as though the project as whole was worthwhile and rewarding.I feel as though my ability to compile a document of this nature has better as has my general knowledge of contracts law and construction law.BibliographyTextbooks Canny, J (2001).Construction and edifice equity. Dublin Round Hall Ltd. p23-27..57-62Speight, A Stone, G. (1996). The English Law of Tort. In Speight, A Stone, G Architects Legal Handbook. 6th ed . Great Britain reed Educational Professional Publishing Ltd 1996.Scriven, J, Pritchard, N, Delmon, J (1999).A Contractual Guide to major Construction Projects. London Sweet Maxwell. Part 2 p8-21 Part 3 p17-32.Websites Base Surveys Ltd. (2010).Causes of Boundary Disputes. addressable http//www.baselinesurveys.ie/Causes of Boundary Disputes.html. Last accessed eighteenth March 2015Cunningham, T. (2013).The RIAI Standard Form of Contract 2012 Edition a Review.Available http//arrow.dit.ie/cgi/viewcontent.cgi?article=1005context=beschreoth. Last accessed 18th March 2015.Irish Planning Development twist 200. (2000).Planning Development Act 2000.Available http//www.irishstatutebook.ie/2000/en/act/pub/0030/sec0058.htmlsec58 LastAccessed 18th March 2015Irish Planning Development Act 200. (2000).Planning Development Act 2000.Available http//www.irishstatutebook.ie/2000/en/act/pub/0030/sec0054.htmlsec54. Last accessed 18th March 2015OReilly, N, Shine, P. (2013).Beyond the bounds reso lving boundary disputes.Available http//www.surveyorsjournal.ie/index.php/beyond-bounds-resolving-boundary-disputes/. Last accessed 18th March 2015Journals Smith, H. (2011). Construction dispute avoidance newsletter. Available http//www.herbertsmithfreehills.com/-/media/HS/T21121146.pdf. Last accessed 5th March 201411 http//www.irishstatutebook.ie/2000/en/act/pub/0030/sec0058.htmlsec582 http//www.irishstatutebook.ie/2000/en/act/pub/0030/sec0054.htmlsec543 Construction dispute avoidance newsletterhttp//www.herbertsmithfreehills.com/-/media/HS/T21121146.pdf4 Donoghue v Stevenson 1932 AC 5625 Tony Cunningham Dublin Institute of Technology6 http//arrow.dit.ie/cgi/viewcontent.cgi?article=1005context=beschreoth7 Hymany Pontoon Ltd -v- Galkil Ltd t/a Impact Developments IEHC 1888 http//www.baselinesurveys.ie/Causes of Boundary Disputes.html9 http//www.surveyorsjournal.ie/index.php/beyond-bounds-resolving-boundary-disputes/10 http//waterfordcouncil.maps.arcgis.com/apps/Solutions/s2.html?app id=c6d45bb300e6463db7e9c6bd1df43441