21 - European Community Law affecting Architects

Abstract

This chapter reviews the European Community, which is founded on three treaties. The European Coal and Steel Community was set up by the treaty of Paris in 1951. The two other European Communities were established by the Treaties of Rome signed on March 25, 1952. The first of these established the European Atomic Energy Community (Euratom) and the second, and by far the most important, is the founding treaty of the European Economic Community. The opening up of the Single European Market had a profound effect on every sector of the UK construction industry. Building material producers had easier access to some 320 million people living in the Community. The growing tendency of the Community to insist on higher standards of protection for the consumer and for the environment had placed greater burdens on those working in the building industry who are affected by these matters. The architect employed by the contracting authority may be under a contractual duty to carry out the obligations as the authority's agent and liable to indemnify the authority where a breach of that duty results in loss to the authority. This could occur, for example, where the contract award is delayed or where the authority is compelled to pay damages, as a result of an infringement.