Dictionary of construction terms
Fenwick Elliott’s Dictionary of Construction Terms is to be published in early 2012. It offers clear and concise explanations of the most common legal and technical terms, phrases and abbreviations used throughout the construction industry. It is unique in its broad and authoritative coverage of the subject area and provides a user-friendly and convenient reference for construction lawyers, practitioners and students, as well as those in related industries including planning, property and insurance.
The Dictionary of Construction Terms saves valuable time by providing a dependable and trustworthy guide to construction industry terminology. In addition to offering thorough coverage of frequently-used terms, this practical dictionary also includes details of legal and technical acronyms, drawings and diagrams to illustrate both legal and technical terms and terminology relating to common institutions. We set out some example definitions below.
A&E
Acronym, commonly used for ‘Architect and Engineer’ or ‘Architecture and Engineering’.
Aerated concrete
A light weight concrete used in situations where less dead load is required, for example the handling of concrete blocks in residential construction. It is produced by incorporating gas or air into a base mortor mix. Foamed concrete and autoclaved aerated concrete (AAC) are two types of aerated concrete. See Autoclaved aerated concrete and Foamed contrete.
AFC
See Approved for construction.
Affidavit
A written, sworn statement of evidence. Written evidence is now usually given in the form of a signed witness statement verified by a statement of truth. See Witness statement.
Affirmation
1. A formal declaration by a witness before (s)he gives evidence to tell the truth and often used instead of a religious oath.
2. An election by an innocent party faced with a repudiatory breach of contract to endorse the contract and treat it as continuing. See Repudiation.
A fortiori
Latin: ‘more strongly’, to a greater extent.
A-frame building
A building whose section is in the shape of an “A”. The name originates from its distinctive roofline. The roof beams extend from the ridge line down or towards foundation level. The walls of the interior rooms may be formed by the steep slope of the lower roof. This building type is often used in cold climates to facilitate the transfer of snow to the ground thereby minimising heavy snow build-up on the roof.
AGA
See Authorised guarantee agreement.
Agency
The relationship between a principal and an agent and the law relating to this relationship and dealings with third parties. See Agent and Principal.
Aggregate
A granular material (typically of crushed stone or sand) which forms one of the essential components of plaster, mortar and concrete in order to give it compression strength and cohesion. See also Fine aggregate and Coarse aggregate.
Aggregate/cement ratio
The ratio, by weight or volume, of cement to aggregate which will normally be specified by a designer according to the required characteristics of the finished product.
Aggregates levy
A tax on the use of extracted rock, sand and gravel introduced by the Finance Act 2001, which can be a significant cost in projects such as those involving road building. Express contractual provisions will usually be made in construction contracts. Those responsible for exploiting aggregates for commercial reasons must register with the HMRC.
Calderbank Offer
An offer to compromise litigation made “without prejudice save as to costs”, first recognised in Calderbank v Calderbank [1976] Fam 93. The need for such offers has largely been removed by the revised provisions of CPR Part 36: see Part 36 Offer. The term is sometimes also used to describe a sealed offer in arbitration: see Sealed Offer.
Cavity Wall
External wall constructed of an inner and outer leaf. The outer leaf is typically brickwork with the inner leaf being constructed of blockwork or timber framing. The air space (“cavity”) is usually at least 50mm (2 inches). The purpose of the cavity is to prevent water or dampness from passing between the outer (wet) leaf and the inner (dry) leaf and to prevent condensation from occurring in the inner leaf (dew point calculations are required to confirm this). Insulation is used in the cavity to comply with Building Regulations, although to make further energy savings and comply with “green” best practice, these requirements are now commonly exceeded. If timber construction is used for the inner leaf, insulation is normally placed between the timber studs.
Cladding, cladding panel
A term used to describe any lightweight material or panelling system which forms the external enclosure of a building or structure. A cladding system or cladding panel is non-load bearing and must resist the usual environmental conditions such as wind, rain, snow and heat. Examples of cladding include glazed curtain walls, rainscreen cladding systems, and insulated infill panels or non-load bearing brick panels which are fixed back to the superstructure. See Façade, Load bearing, and Rainscreen cladding.
Guide to Safety at Sports Grounds (“Green Guide”)
A guide produced by the Football Licensing Authority (FLA) for the Department of Culture Media and Sport which provides detailed design and safety management guidance for both existing and new sports grounds for architects, engineers and public authorities. The guidance is not mandatory but it sets out best practice and UK building control departments will require compliance with its principles.
Mareva injunction
The previous name for a freezing injunction, after Mareva Compania Naveira SA v International Bulkcarriers SA [12975] 2 Lloyd’s Rep 509. See Freezing injunction.
Part 36 Offer
An offer made by either the Defendant or Claimant in accordance with the Civil Procedure Rules Part 36 which imposes severe costs sanctions in the event that the offeree rejects the offer and at trial fails to recover a higher sum. The offer has to be in writing and open for acceptance for 21 days. If it is accepted within the 21 days the offeror is to pay the costs of the offeree up until the date of acceptance.
In the event that the offer is rejected by the Defendant and judgment is granted against him for a higher amount the Court can order interest on any sums payable at up to 10% starting from the date the offer was made and for the Claimant’s costs to be paid on the indemnity basis or with interest not exceeding 10%, or both.
If the Defendant makes a Part 36 offer and judgment is entered for less than the offer the Court will order that the Claimant pay the Defendant’s costs from the last day the offer could have been accepted until the conclusion of the trial.