Beale & Co News: Courts Enforce an Overriding Duty of Care Clause

An overriding duty of care clause (limiting duties to reasonable skill and care) has in recent years become more common and more desirable to negotiate into contracts involving design. In a key recent decision in which Beale & Company Solicitors LLP acted for AECOM, the successful party, the court upheld the effect and importance of an overriding duty of care clause. 

Written by Andrew Croft, Felicity Hird and Rhia Gould

AIA CONTINENTAL EUROPE MARCH 2024 ‘MINI CONFERENCE’ / Bologna

Given the success of AIA Continental Europe’s two 2023 Conferences – Sicily in the Spring and Chinon in the Fall – it was disappointing to discover AIA CE had nothing planned for Spring 2024.  It looked like waiting for the Sofia Conference in October was going to be a wearisome experience…

But AIA CE is a chapter with multiple, regional sections, and the Italian Section - with a plethora of enticing cities just awaiting a chance to show off - came to the rescue with its own ‘Mini Conference’ this March.  It was only two days, promised only 10 HSW continuing education units and signed up only 25 architects, but due precisely to this smaller scale and relaxed atmosphere, it was a learning experience packed with a great deal of FUN. 

Bologna was once described as the ‘City of Towers’.  Alas – the towers have been falling by the wayside, and first impressions found instead that Bologna was a ‘City of Porticos’.  Or should that be ‘City of Extended Porticos’, or maybe ‘City of Colonnades’, or even ‘City of Arcades’?  Let us not quibble; the citizens of Bologna call them porticos without hesitation, and even UNESCO celebrates the term. They are everywhere.

Also, the citizens of Bologna being practical people without a local source of marble paved their porticos with cheap, durable terrazzo.  However, for some reason no one refers to Bologna as the ‘City of Terrazzo’.  Along with the porticos, terrazzo is everywhere, and the combination works exceedingly well.

To its enthusiastic visitors – including those not burdened with an architectural perspective - Bologna is unequivocally the ‘City of Food’, and the Mini Conference organisers capitalised on this; first, with a ‘Historical Walking & Food Tour’ ending in a ‘Wine & Food Tasting’ and, second, with a sponsored luncheon/lecture the next day in one of Bologna’s most popular seafood restaurants. 

As excellent as the food was, the Mini Conference was not without serious content.  The event organiser, Morgan Danner AIA, described her work in expeditionary construction based at the Naval Facilities Engineering Systems Command (NAFAC) in Naples.    

To paraphrase her, expeditionary construction is, ‘construction that is for expeditious purposes in assisting military operations or emergency response teams in forward deployed environments; environments usually remote or austere in location, or have been disrupted by war, crises, manmade or natural disasters, or undergoing civil unrest’.

Whereas one might expect military operations to require cost effective design, superior logistics and expedited construction, Danner’s emphasis on applying the same criteria to disaster relief and emergency responses was a satisfying diversion that earned instant respect.  

Other speakers included Marc Di Domenico AIA speaking on behalf of one of the event sponsors, the Institute of Design International, established by Domenico in Florence.  AECOM, another event sponsor (and consultant to NAFAC), also spoke on how it approached sustainability issues in its projects. 

A highlight of the weekend was a tour entitled ‘The Red City with its Porticos and Stairs’, which reached parts of the city still undiscovered by the attendees.  Bologna, in addition to its towers, porticos, terrazzo and food, has been a historic ‘City of Learning’ and remains a university town complete with both modern and ancient libraries and laboratories as well as an impressive catalogue of scientific discoveries.  

While the façade of Bologna’s Basilica of San Petronio in the city’s main piazza remains strangely unfinished due to city and papal rivalries dating back centuries, architects have been proposing solutions for its completion since the Middle Ages. 

Their submittals are kept in a special room in the Basilica that was opened for the group’s architectural inspection.  Seeing a Palladio competition drawing was an extra special treat, although his plan was too faint to capture in the photograph.

If you are not aware of AIA CE’s conferences and regional events but are looking for a user-friendly way to earn continuing education units while indulging in a European city break, look them up on AIA CE’s website HERE.  These international conferences are a bargain, and AIA UK members are always welcomed.  

Written by L D King, AIA

All Photos by L D King, AIA (unless noted otherwise). Late change - the original ‘Leaning Tower of Bologna’ photo now replaced with one by Royce Lanier AIA. Other Bologna tower pictures offered as replacements are included in the slide show below.  Photos by Lorraine King AIA, Royce Lanier AIA, Sergio Danese AIA and Rada Doytcheva FAIA.

The 2nd and last wine / food tasting of the long weekend with lingering attendees.  Photo by the waiter!

New Chapter Sponsor! Axalta Powder Coatings

The AIA UK board of directors is excited to announce Axalta Powder Coating Systems UK Ltd is joining the chapter as a Partner Sponsor!!

Axalta is an American company and is one of the world’s leading suppliers of powder coating technologies to industry.  Their high-quality thermosetting options are formulated and manufactured to meet the diverse needs of the decorative and functional coatings industries.  Axalta’s Alesta® line of powder coatings have many applications within the design and construction industry due to their durability, versatility, and environmental advantages.  Some specific application areas include:

• Architectural Extrusion

• Facades, Cladding & Curtain walls

• Roofing

• Structural Steel

• Decorative Metalwork

• Fencing and gates

Axalta has their London Colour Experience Showroom at the Building Centre on Store Street.  Here you can find information on their materials and view their full range of RAL colours.  Axalta’s Specification Leader, Dami Babalola, is happy to meet you there, or in your office, to discuss their materials that are available for architects and other design professionals.  You can contact Dami at dami.babalola@axalta.com  And for further information, please visit www.axalta.co.uk/powder

We are looking forward to working with Axalta this year and to introducing you to Dami and her colleagues at Axalta Powder Coating Systems UK!

AIA UK/RIBA 2023 Keynote Lecture - Thom Mayne

The AIA UK/RIBA Keynote Lecture featuring Thom Mayne of Morphosis was held on the 30th of January, having been rescheduled from last autumn.  The event was held at the RIBA headquarters in London to a full house plus an online audience.  Introductions were given by Dr Valerie Vaughan-Dick MBE, RIBA CEO; Muyiwa Oki, RIBA President, Emily Grandstaff-Rice, AIA 2023 National President (via video), and by Gregory Fonseca, AIA UK 2023 President.

Thom Mayne’s presentation was a spellbinding overview of his practice and thinking, using projects as talking points rather than exploring individual buildings in depth.  The talk was loosely configured around the themes of Early, Middle, and Current.  Early projects include several California projects such as the Crawford Residence (1990) and the Diamond Ranch High School (2001).  There was a heavy similarity to the theoretical work of Archigram, and it was no accident that Sir Peter Cook, one of the Archigram founders, was in the audience as Thom Mayne’s guest.

The Middle range of projects then demonstrated a geographically broad range of significant projects.  These included the Eugene Federal Courthouse (2006), Perot Museum (2012), Casablanca Tower (2019), Shenzhen Tower (2020) and many more.  There was an admirable design consistency between the early smaller projects and the much larger commercial projects.  Thom Mayne asserted that despite the seemingly complex geometries, the project budgets on their buildings were in a standard range.

The final portion of his presentation included several unbuilt competition projects such as Performing Art Centers for Rensselaer University and for Taipei, a Beijing Cultural Park, and Unicorn Island in China.

A lively Q&A session followed the presentation, after which attendees carried on discussions over drinks served in the Jarvis Hall foyer.

Written by Lester Korzilius, FAIA, RIBA

FREE AIA Sustainability Resources

AIA UK is pleased to share some FREE sustainability resources on offer from AIA!

FREE AIA SUSTAINABILITY COURSE
AIAU An Introduction to the AIA Framework for Design Excellence (Free till end of 2024!)

Propel your practice’s success with the AIA Framework for Design Excellence—the defining 10 principles of design excellence in the 21st century. In this introductory course, you will learn the origin, evolution, and significance of each of the framework’s principles and examine how they advance progress toward a zero-carbon, healthy, just, resilient, and equitable built environment. Earn 1 LU / HSW. (Free with Discount Code: MHI13UM2RD7R)

FREE AIA SUSTAINABILITY GUIDE
The Guide to Building Reuse for Climate Action

The Guide is a resource aimed at architects engaged in renovating and adapting existing buildings to mitigate and adapt to climate change. Its primary goal is to equip architects with the necessary knowledge to make informed decisions that promote sustainability and resilience while minimizing costs. The guide achieves this by outlining key questions architects should consider, directing them to valuable resources, and presenting real-world case studies to illustrate practical strategies.

2024 Annual General Meeting Review

The 2024 Annual General Meeting. Photo by Adelina Koleva, AIA.

The AIA UK proudly kicked off 2024 with its Annual General Meeting (AGM) at the Herman Miller Showroom in London on Thursday, January 17. The meeting underscored the Chapter’s commitment to transparent governance and marked a pivotal moment not only to reflect on the accomplishments of 2023, but also to outline the Chapter’s plans for 2024 and beyond.

The 2023 AIA UK President, Gregory Fonseca, AIA, commenced the meeting with a welcome and thank you to Chapter sponsors, followed by an engaging presentation entitled, ‘Design with Impact,’ led by Miller Knoll representative Bertie van Wyck. The audience gained fascinating insights on the latest in workplace design research in the era of remote, office, and hybrid work culture.

Gregory Fonseca, AIA, resumed the podium with a ‘Year in Review’ presentation, which summarised the Chapter's mission and activities in 2023. The year showcased a full calendar of initiatives, including flagship events like the Design Awards and Student Charette. Lunchtime Sustainability Lectures and Movie Nights continued, organised by Mark Breeze and Christopher Musangi, respectively.

Other noteworthy moments of 2023 included a ‘super’ successful ‘Super Saturday’ in Canterbury, organised by Brianne Hamilton, which offered substantial continuing education credits to attendees. The signing ceremony for the US-UK Mutual Recognition Agreement was another important highlight which fostered important relationships between AIA National, NCARB, RIBA, and ARB representatives.

The next portion of the evening focused on 2023 chapter operations in greater detail. The financial health of the chapter was presented by 2023 Treasurer, Alex Miller, AIA. The Treasurer reported that the 2023 budget was closely adhered to and included key sponsorship contributions from Beale & Co. and Iris Ceramica. 

The 2023 membership chair, Taylor Rogers, AIA, followed up with the membership highlights. Membership growth was high in 2023 as the AIA UK welcomed 64 new members, bringing the total to 326. Rogers emphasized the importance of updating website directory details for demographic analysis.

A subsequent presentation led by 2022 Secretary Lorraine King, AIA, was conducted in preparation for a vote to approve revisions to the Chapter Bylaws. The initiative to revise the Bylaws was previously approved at the 2023 AGM by vote in response to a memorandum issued by the AIA General Counsel in 2022. The revisions were mainly to organise and clarify the language of the Bylaws and bring them into genuine alignment with the practical ethos of the AIA UK Chapter. The proposed revisions were approved by majority vote.

At the behest of the 2023 President, the AGM then voted to approve the proposed 2024 board slate to ensure AIA UK leadership continuity. Following the vote, the new President, Taylor Rogers, AIA, was officially welcomed into office. Notably, his unique efforts last year led to HMRC approval for tax relief on AIA UK dues, a testament to his proactive approach to enhance member benefits and wider acceptance of the AIA in the UK.

The 2024 President gives the ‘Year Ahead’ presentation. Photo by Adelina Koleva, AIA.

Looking ahead, the new President outlined the focus areas for 2024, emphasizing Membership, Sustainability, and JEDI (Justice, Equity, Diversity, & Inclusion). The agenda for the coming year includes diverse board meetings, continuing education events, and participation in national and international conferences. As the AIA UK embarks on a new year, President Taylor Rogers urged members to get involved, highlighting that the chapter's success relies on the dedication of volunteers. Subscribe and stay tuned for more information on future AIA UK activities!

Overall, the 2024 Annual General Meeting provided a comprehensive snapshot of the Chapter's achievements, financial standing, and strategic initiatives, setting the stage for an exciting and impactful year ahead. Members are encouraged to stay engaged with the AIA UK community and continue to contribute actively to an organisation which allows us to stay connected worldwide.

Written by Adelina Koleva, AIA