15th May 2008, 02:10 PM
Posted by BAJR Host:
However, it is important to note that the curator's action may be based principally on their influence and on an exagerrated view of their powers amongst contractors and developers. In reality, they can only take action for breach of IFA standards under certain circumstances:
1. if the planning condition, the curator's own brief or the Specification make adherence to the IFA standards a requirement, and they have been breached, then the curator can recommend to the planning authority that they should take enforcement action. They may or may not choose to do so. Such action would normally be against the developer, not the archaeological contractor, but could lead to the developer making a Professional Indemnity claim against the contractor or against the archaeological consultant.
2. if the work has not been done to the standards specified, or has not been completed, the curator can recommend to the planning authority that they do not discharge the planning condition. Again, it is up to the authority to choose whether or not to take the advice, and they are only likely to do so if there are practical steps that can be taken to rectify the situation. Again, the action is directed against the developer, not the archaeologist.
3. if the archaeologist in charge is an IFA member, or the organisation is an RAO, the curator can make a complaint to the IFA, on the same basis as any other complainant.
1man1desk
to let, fully furnished
Quote:quote:Indeed... who to call?The curator is a very good port of call, and in some cases may be able to take faster and more effective action than the IFA.
Curator for one ...
However, it is important to note that the curator's action may be based principally on their influence and on an exagerrated view of their powers amongst contractors and developers. In reality, they can only take action for breach of IFA standards under certain circumstances:
1. if the planning condition, the curator's own brief or the Specification make adherence to the IFA standards a requirement, and they have been breached, then the curator can recommend to the planning authority that they should take enforcement action. They may or may not choose to do so. Such action would normally be against the developer, not the archaeological contractor, but could lead to the developer making a Professional Indemnity claim against the contractor or against the archaeological consultant.
2. if the work has not been done to the standards specified, or has not been completed, the curator can recommend to the planning authority that they do not discharge the planning condition. Again, it is up to the authority to choose whether or not to take the advice, and they are only likely to do so if there are practical steps that can be taken to rectify the situation. Again, the action is directed against the developer, not the archaeologist.
3. if the archaeologist in charge is an IFA member, or the organisation is an RAO, the curator can make a complaint to the IFA, on the same basis as any other complainant.
1man1desk
to let, fully furnished