During the course of a project, you may find yourself in a position where the work needs altering in some way, requiring a contract variation.  You and your client might enter into a further agreement (usually in writing) to modify the contract, allowing the contractual variation.  On occasion, you and your client might agree orally […]

The hardest thing to see is always the one thing that is missing. A college wanting to achieve early commencement of work engaged a contractor using a short form letter of intent, instead of a building contract. When delays occurred, the college found that it could not deduct liquidated damages, because the letter of intent […]

A review of the register of disciplinary matters investigated and determined by the New South Wales Architects Registration Board reveals a repeated failure, by architects whose clients have brought complaints against them, to enter into a written agreement compliant with the relevant code of professional conduct with the client prior to commencing architectural services Perhaps […]

The Queensland Government has issued a series of reforms to improve security of payment for subcontractors. These have been introduced in stages through the Building Industry Fairness (Security of Payment) Act 2017 (BIF Act). They replace the previous Building and Construction Industry Payments Act 2004 (BCIPA). The first stage, announced in March 2018, was to […]

After more than three years and several interim reports, the final report from the Senate Economic References Committee on Non-conforming Building Products delivered on 4 December contains no surprises. It does, however, draw together recommendations from past investigations* and it bestows a clear sense of priority upon some of these. Noting that the weight of […]

As construction projects have become more complex, the roles of consultants and contractors have become less distinct.  Increasingly, consultants are expected to provide undertakings relating to design suitability and Fitness for Purpose (FFP) which have been traditionally regarded as inappropriate for the provision of professional services. FFP clauses can include any of the following obligations […]

In October, the Victorian Cladding Taskforce released its updated findings from its audit of 1369 buildings and planning permits. These results have been keenly awaited, in order to reassure the industry that the number of high-risk buildings of the magnitude of Lacrosse or Grenfell Tower was nowhere near 1369. Consultants who came to our seminar […]

In today’s highly competitive environment, innovation is often the key to survival for professional practices. Increasingly, consultancy firms working in the construction industry are looking to gain an edge on their competitors by offering clients a diverse range of services, spanning professions from engineering to architecture, as multi-disciplinary businesses. Multi-disciplinary practices allow for collaborative working […]

Consultant: “There is only one outstanding issue to discuss in this contract. We are unable to accept liability to a third-party as noted in clause 5 of this contract. Can we discuss this clause in more detail?”. Client: “Yes. But we cannot agree to delete this clause as there may be third parties involved in […]

What should you do if you are presented with a collateral warranty? a) Sign it without thinking; b) Consult a dictionary; or c) Contact your insurance broker. As you would expect, we would advocate c). If you are working on a particularly complex project you might be asked to sign a collateral warranty. A collateral […]