Dictionary of Construction Terms

Simon Tolson

• Editore: Informa Law from Routledge
• Anno: 2014
• ISBN:
  9781317912347
• Edizione: 1
• Argomento: Droit
• Categoria: Droit de la construction

The Dictionary of Construction Terms offers clear and concise explanations of the most commonly encountered legal and technical terms, phrases and abbreviations used throughout the construction industry. It will save valuable time when searching for an authoritative explanation of a frequently used term and will become a practical reference for construction lawyers, practitioners and students, as well as those in related industries including planning, property and insurance.

Why you should buy this book:

• There is no other all-inclusive collection of legal and technical terms available at present
• Convenient source of information for lawyers, practitioners and students
• Includes a list of common technical acronyms (ie. DPC, DPM, FFL)
• Lists acronyms of common institutions such as the ICE, JCT and ACE

Examples of definitions:

Modular construction

A modern construction method whereby the building is constructed using prefabricated or pre-assembled building sections or modules. The three-dimensional building sections are typically fabricated and assembled in an enclosed factory environment and then delivered to site, ready for installation. Modular construction is aimed at minimising construction time by standardising design components, providing consistent quality and allowing site preparation and building activities to commence concurrently with the construction of the factory-made modules.

Snagging

The process of formally inspecting the construction works to identify any incomplete works or defects in completed works. A snagging list (or 'punch list') is a schedule of defects resulting from this inspection. These items typically need to be rectified prior to the issuing of a completion certificate or handing-over of the works although in some cases a completion certificate will be issued with a snagging list attached.

A

AAC See Autoclaved aerated concrete.

Abandonment A failure or refusal to continue performance of a contract on a permanent basis, particularly by a contractor under a construction contract. An abandonment will usually give rise to a right on the part of the employer to regard himself as discharged from further performance of his part of the contract and claim damages for breach, or to determine the contractor’s employment under the express terms of the contract. A contractor now has a right to suspend performance on the grounds of non-payment under s112 of the Construction Act.

Abatement A remedy which the common law provides for breaches of warranty in contracts for sale of goods and for work and labour, available as of right to a party and independent of the doctrine of equitable set off, allowing a defendant to a claim for the price not to set off by a proceeding in the nature of a cross action, the amount of damages which he has sustained, but simply to defend himself by showing how much less the subject matter of the action is worth by reason of the breach: see Modern Engineering (Bristol) Ltd v Gilbert Ash (Northern) Ltd [1974] AC 689 (HL). It is not available to a defendant to a claim for professional fees (Hutchinson v Harris (1978) 10 BLR 19 (CA)) or where a withholding or payless notice has not been served by the paying party under the Construction Act and the sum due has been determined by a third party certifier: Rupert Morgan Building Services (LLC) Ltd v Jervis [2004] BLR 18 (CA).

See Set off.

ABE See Association of Building Engineers.

Ab initio Latin: “from the beginning”, as in the case of a void contract.

Above ordnance datum (AOD) Refers to a spot height or level above the mean sea level. In Great Britain, the ordinance datum is defined as the mean sea level at Newlyn in Cornwall (known as Ordnance Datum Newlyn, ODN) and is the level from which a measurement is taken.

Absolute obligation An unconditional or unqualified obligation.

Absorption The process whereby one substance permeates another by chemical or molecular action. Contrast with adsorption.

Abuse of process The use of the court’s process for a purpose or in a way significantly different from its ordinary use: see AG v Barker [2000] 1 FLR 759 (DC). The main categories are: vexatious proceedings, collateral attacks upon earlier decisions and delay. The court has the power to strike out proceedings which are an abuse.

Abutment The part of a structure which bears the weight, thrust or pressure of an arch, vault or bridge by resisting horizontal and vertical forces. The place from where projecting parts abut. In bridge design, the abutments are the end supports for the bridge span and are typically constructed of in situ concrete. Also used to transmit loads from the superstructure to the foundation.

ACA See Association of Consultant Architects.

Accelerated Low Water Corrosion (ALWC) A form of corrosion of metal sheet piling in marine environments such as ports and harbours, caused by the presence of sulphates, which are converted by sulphate-reducing bacteria (SRB) into hydrogen sulfide (H₂S). This in turn converts into sulphuric acid (H₂SO₄) and promotes a continuous electrolytic process at the steel surface thereby accelerating the corrosion. It is a form of microbiologically induced corrosion and is identified by orange soft organic bacteria (Ferric 3+ oxides), with a black layer (ferric sulphide) hiding bright, pitted steel.

Acceleration When the velocity of an object changes at an increasing rate it is said to accelerate. An increase in the rate at which works are carried out, usually by the application of additional resources. Acceleration may be used to achieve an earlier completion date, and contract terms may allow the employer to instruct this to be done. Acceleration is more commonly used to make up for delay. Some contracts include clauses allowing acceleration to be instructed and, if this is the case, this will usually involve an increase in the contract sum.

See Constructive acceleration and Contract sum.

Accelerator An ingredient or admixture which hastens chemical reactions. For example, an admixture used to gain early strength in the concrete and/or reduce the initial setting time by speeding up the chemical reaction between cement and water. Accelerators are often used where concrete is poured at low temperatures in order to counteract the effects of cold weather slowing down the curing process. If reinforcement is not required in concrete, calcium chloride can be used as an accelerator. However, where reinforcement is required, a non-chloride accelerator such as calcium nitrate should be used in order to prevent corrosion of steel.

See Admixture.

Acceptance The unqualified agreement by the person to whom an offer is made, thereby creating a binding contract. Acceptance may be oral, in writing or implied by conduct but should be unconditional or might be construed as a counter-offer which will extinguish any previous offer. If the offer stipulates a particular mode of acceptance, it is necessary to comply with that stipulation to avoid arguments regarding the formation of the contract. If the offer stipulates that acceptance is to be by letter, the “postal rule” provides that the date of acceptance is from the date of posting, not the date of receipt of the letter by the offeree.

See Counter-offer and Postal rule.

Accepted programme A defined term found in contracts including the NEC3 contract for the programme identified in the Contract Data.

Accepted risk An occurrence or event, the risk of which is assumed by one of the parties to a contract should it take place. The term is used to identify events such as fires and floods which can be insured against and for which the contractor is usually granted an extension of time.

See Specified peril.

Access floor A floor usually located above the structural floor level which creates a space for mechanical and electrical services, including data and power cables. Often comprising adjustable floor pedestals which support a variety of decking materials, typically demountable to allow access to the services below.

Access to site The means of entry to a site, which will usually be the subject of express contractual terms. There is no implied warranty against third parties making unfounded claims challenging the employer’s title to land upon which a temporary access road is to be built: Porter v Tottenham UDC [1915] KB 776.

Accident A generally negative outcome or unexpected occurrence, but the common meaning of this word is ruled neither by logic nor by etymology, but by custom, and no formula will precisely express its usage for all cases: Trim Joint District School Board of Management v Kelly [1914] AC 667 (HL).

Accommodation works Works carried out by statutory undertakers in relation to land adjoining the site of construction works. They can include fencing, gates and hedges. For example, the planting of hedges adjacent to a new road to minimise the impact of the scheme.

Accord and satisfaction The purchase of a release from an obligation whether arising under contract or tort by means of any valuable consideration, not being the actual performance of the obligation itself. The accord is the agreement by which the obligation is discharged and the satisfaction is the consideration which makes the agreement operative: British Russian Gazette & Trade Outlook Ltd v Associated Newspapers Ltd [1933] 2 KB 616. A defence to a claim on the basis that it has been compromised.

ACE See Association of Consulting Engineers.

Acknowledgement of service The formal written acknowledgement of the service of legal proceedings indicating whether the defendant proposes to defend the proceedings, oppose the jurisdiction of the court or admit part or all of the claim, which should be served on a defendant with the Claim Form. See CPR Part 10. The defendant has 14 days from the date of service of the Claim Form to complete the acknowledgement of service form and file it in the court. Once the acknowledgement of service has been filed at court and served on the claimant the time for service of the defence is extended to 28 days from the date of service of the Claim Form.

See Claimant, Claim Form defendant and Jurisdiction and Service.

ACoP See Approved Code of Practice (CDM Regulations).

Acoustic boards/panels/tiles Boards, panels or tiles used on walls or ceilings to control or reduce sound. Their core material is typically made of a porous insulation, mineral-fibre, cork or foam in order to absorb sound.

Acquiescence Acceptance by a party by their silence or inaction of an event or a claim which may thereafter prevent that party from challenging or defending the event or claim.

See Estoppel and Waiver.

Action Court proceedings, now usually described as a claim.

Activation The changing of a passive surface of a metal to a chemically active state.

See Passivation.

Active solar heating A heating system that utilises solar panels or other mechanical devices to heat water by collecting the sun’s radiation. As a result of increasing energy costs, many domestic hot water systems utilise active solar heating.

See also Passive solar heating.

Activity A defined action within a construction sequence, usually to be found in the context of project planning or retrospective delay analysis.

Activity Schedule A defined term used in some Standard form contracts (eg certain versions of NEC3 and JCT) to describe the list of various actions the contractor is required to carry out in sufficient detail to allow the contractor to price each activity.

Act of God An occurrence so unprecedented and unexpected that human agency...