RIBA Architecture Parts 1, 2 and 3 Construction Law, Contracts and Procurement Syllabus

Construction Law, Contracts and Procurement syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Construction Law, Contracts and Procurement in RIBA Architecture Parts 1, 2 and 3, not a summary of it.

1. 1

   Legal Framework for Construction

   4 topics

   • English legal system and sources of law
     • Statute, common law and precedent
   • Law of contract fundamentals
     • Offer, acceptance, consideration and intention
     • Terms, conditions and warranties
   • Tort, negligence and duty of care
   • Limitation periods and the Defective Premises Act
2. 2

   Procurement Routes

   5 topics

   • Traditional procurement
   • Design and build
     • Novation and employer's requirements
   • Management contracting and construction management
   • Framework agreements and partnering
   • Selecting the appropriate route
3. 3

   Building Contracts

   4 topics

   • JCT suite of contracts
     • Standard Building Contract and Minor Works
     • Design and Build Contract
   • NEC contracts and the role of the project manager
   • Contract administration duties
     • Certificates, instructions and valuations
     • Extensions of time and loss and expense
   • Variations, claims and final accounts
4. 4

   Dispute Resolution

   4 topics

   • Negotiation and mediation
   • Adjudication under the Construction Act
   • Arbitration and expert determination
   • Litigation and the courts

Construction Law, Contracts and Procurement flashcards for RIBA Architecture Parts 1, 2 and 3

22 of 51 cards from the Construction Law, Contracts and Procurement deck — real questions with worked answers.

1. What are the principal sources of law in the English legal system?

   Legislation (statutes/Acts of Parliament and delegated legislation), case law (common law and equity developed through judicial precedent), retained/assimilated EU law, and international conventions. The two foundational pillars are statute and common law (judge-made precedent).

2. What is the doctrine of precedent (stare decisis) and how does the court hierarchy affect it?

   Stare decisis means lower courts are bound to follow the legal principles (ratio decidendi) set by higher courts. The Supreme Court binds all below it; the Court of Appeal binds the High Court; first-instance decisions are persuasive, not binding. Only the ratio binds; obiter dicta are persuasive only.

3. Distinguish common law from equity.

   Common law is the body of precedent developed by the courts, traditionally awarding damages as of right. Equity developed to mitigate the rigidity of common law, offering discretionary remedies (injunction, specific performance, rescission) on fairness grounds. Where they conflict, equity prevails.

4. What is the difference between civil law and criminal law in the English system?

   Civil law resolves disputes between private parties (e.g. contract, tort) with the claimant seeking a remedy such as damages, proven on the balance of probabilities. Criminal law concerns offences against the state, prosecuted by the Crown, requiring proof beyond reasonable doubt and resulting in punishment.

5. What are the essential elements required to form a legally binding contract?

   Offer, acceptance, consideration, intention to create legal relations, and capacity. Certainty of terms is also required. (In construction, this is usually all present once an offer is accepted with agreed price and scope.)

6. What is consideration in contract law?

   Something of value given by each party in exchange for the other's promise — the 'price' of the bargain. It must be sufficient (have some value in the eyes of the law) but need not be adequate (need not match the true worth). Past consideration is generally not valid.

7. What is the difference between a condition, a warranty and an innominate term?

   A condition is a major term going to the root of the contract; its breach allows termination plus damages. A warranty is a minor term; its breach gives damages only, not the right to terminate. An innominate (intermediate) term's remedy depends on the seriousness of the actual consequences of the breach.

8. What is the difference between a contract executed under hand and one executed as a deed, and why does it matter in construction?

   A simple contract (under hand) requires consideration and signature. A deed requires no consideration and must be signed, witnessed and delivered. The key practical difference is the limitation period: 6 years for a simple contract but 12 years for a deed, measured from breach.

9. What remedies are available for breach of contract?

   Damages (the primary remedy), and the equitable remedies of specific performance, injunction, and rescission. Other responses include termination for repudiatory breach and, where agreed, liquidated damages.

10. What is the aim of damages for breach of contract (the expectation measure)?

    To put the innocent party in the position they would have been in had the contract been properly performed (the expectation/benefit-of-the-bargain measure), as established in Robinson v Harman. Damages are compensatory, not punitive.

11. Explain the remoteness rule for contract damages from Hadley v Baxendale.

    Recoverable losses are those (1) arising naturally from the breach in the ordinary course of things, or (2) reasonably in the contemplation of both parties at the time of contracting as a probable result of breach. Losses too remote are not recoverable.

12. What are liquidated damages (LADs) and how do they differ from a penalty?

    LADs are a pre-agreed, genuine pre-estimate of the loss the employer would suffer from contractor delay, payable per week/day of overrun without proof of actual loss. A clause is an unenforceable penalty if it imposes a detriment out of all proportion to any legitimate interest (Cavendish/ParkingEye test).

13. What is privity of contract and how is it modified by statute?

    Privity means only the parties to a contract can sue or be sued on it. The Contracts (Rights of Third Parties) Act 1999 allows a named or identified third party to enforce a term that purports to confer a benefit on it, unless the contract excludes that right — often used instead of collateral warranties.

14. What is a collateral warranty in construction?

    A separate contract creating a direct contractual link (a duty of care) between a consultant, contractor or sub-contractor and a third party (e.g. funder, purchaser or tenant) who would otherwise have no contractual rights, enabling that beneficiary to sue for defects/losses.

15. Define the tort of negligence and its three core ingredients.

    Negligence is a civil wrong arising from breach of a duty of care causing damage. Its three ingredients are: (1) a duty of care owed, (2) breach of that duty (falling below the reasonable standard), and (3) damage caused by the breach that is not too remote (causation and remoteness).

16. What test establishes whether a duty of care exists in negligence (Caparo)?

    The Caparo v Dickman three-stage test: (1) foreseeability of harm, (2) a relationship of proximity between the parties, and (3) that it is fair, just and reasonable to impose a duty. Courts also reason incrementally by analogy to established categories.

17. What standard of care must a professional such as an architect meet (the Bolam test)?

    A professional is not negligent if they act in accordance with a practice accepted as proper by a responsible body of opinion skilled in that field (the Bolam test). The standard is that of the reasonably competent member of the profession, not the highest expert.

18. How does the recovery of pure economic loss in tort differ from physical damage?

    Physical damage to person or property is generally recoverable in negligence. Pure economic loss (financial loss not flowing from physical injury/damage) is generally not recoverable, except where there is a special relationship and assumption of responsibility for negligent advice/services (Hedley Byrne v Heller).

19. What is the limitation period for breach of contract under the Limitation Act 1980?

    6 years from the date of breach for a simple contract (under hand), and 12 years from breach for a contract executed as a deed.

20. What is the limitation period for a claim in the tort of negligence?

    6 years from the date the damage occurs (the cause of action accrues). For latent damage, section 14A allows an alternative 3 years from the date of knowledge, subject to a long-stop of 15 years from the negligent act (s.14B).

21. What does the Defective Premises Act 1972 require, and what is its (post-2022) limitation period?

    Section 1 imposes a duty on those taking on work for or in connection with the provision of a dwelling to ensure it is fit for habitation when completed. The Building Safety Act 2022 extended the limitation period to 15 years prospectively and 30 years retrospectively.

22. Describe traditional (design-bid-build) procurement and how design and construction responsibilities are split.

    The employer engages a design team (architect, engineers) to fully design the building, then tenders the completed design to contractors. The contractor is responsible only for construction/workmanship; the design risk stays with the employer/design team. Selection is usually on a lump-sum, fully-designed basis.

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