The Architect and the

law
ADT512 Architectural Laws
and Standards

THE ARCHITECT AND THE

LAW
I. THE LAW
II. THE COURTS
III. THE ARCHITECTS LIABILITY
IV. SAFEGUARDS AND REMEDIES
V. INSURANCE

THE LAW
Sources of Law
The United States judicial system developed
originally from English common law, and is
aimed at preserving the fabric of society. It is
embodied in:
Federal and State constitutions
Statutes
Common law
Regulations of administrative agencies

Federal and State Constitutions

The Constitution is the highest source
of US law and neither judge nor legislature
may ignore or contravene its principles.
State Constitution is a document that
lays down governmental structure, political
processes, and limitations on the use of
power by a state in the U.S.

Federal and State

Constitutions
A federal constitution is one which sets
up a system of federalism within a country.
Federalism is a political system in which
the national government and the smaller
governments (states or provinces) each have
their own powers that are specified by the
constitution. In such a system, neither level
of government has the ability to infringe on
the rights of the other level of government.

Statutes
Statutes are written laws officially
passed
by
federal
and
state
legislatures.
Federal
laws
apply
nationally, whereas state laws are only
relevant to the state in which they are
passed, and can vary throughout the
country on the same subject (for
example, professional licensure).

Common Law
The body of law based on court decisions,
customs and practices rather than on statutes.
The principle of stare decisis (to stand by
past decisions) is not a completely rigid
concept: a judge may distinguish a new case
from
its
predecessors
in
certain
circumstances, thereby creating a new
precedent. This enables the common law to
grow and adapt according to the changing
values and needs of society.

Regulations of Administrative
Agencies
Administrative agencies are often
empowered to make and enforce
regulations which have the force of
law.

Equity
The concept of equity allows for
additional procedures and remedies to be
granted in court proceedings. It provides a
measure of fairness not always available
under rigid statute or common law. For
example, if an owner avoids payment on
the basis of a legitimate contractual
technicality, the architect might claim
based
on
the
principle
of
unjust
enrichment.

Classification of Law
Law pertaining to the practice of
architecture can be classified into four
basic categories:
Criminal law
Civil law
Civil rights law
Administrative law

Criminal Law
Acts committed against society or the
public good by individuals which are
proscribed by federal or state laws are
generally classified as crimes (e.g.,
murder, theft, etc.). Lesser crimes are
called misdemeanors, whereas more
serious offenses are known as felonies.
Some states prohibit professional licensing
for individuals with a criminal record.

Civil Law
Civil law is private law dealing with the rights and
obligations of individuals and corporations in their
dealings
with
each
other.
Areas
covered
under
this
category
include:

Succession
Family Law
Contract
Property
Tor