The bad news is that, yes, it probably is. The default position for all of us is that, if our work is negligent or otherwise in breach of a legal duty, there is no limit or “cap” on the amount of compensation we can be required to pay. So long as the loss is caused […]

From 1 March 2018, projects tendered by the Queensland Government will use PBAs on building and construction projects valued between $1 million and $10 million (including GST), where more than 50% of the contract price is for building work. The new PBA regime under the Building Industry Fairness (Security of Payment) Act 2017 is complex […]

In February, we asked for feedback on your experience working under a partial services or novated procurement structure. This is what you said. Our survey results illustrate both the variation in experience, and the areas of strong consistency. We hope it will be a useful opportunity to benchmark your experience against your peers.

A recent decision of the Supreme Court of Western Australia in relation to infringement of intellectual property rights serves as a reminder to consultants working in the construction industry to make all necessary enquiries and seek appropriate assurances regarding copyright ownership and permitted use before adopting or amending the designs of a consultant whom they […]

We are pleased to welcome Kathryn Budd to informed’s Risk Management team. Kathryn holds Bachelor degrees in Law and Economics and was admitted as a solicitor to the Supreme Court of New South Wales in 2011.  Before joining informed by Planned Cover, Kathryn practised as a Solicitor/Associate in Insurance and Commercial litigation at Sydney law […]

When consultants have asked me whether I can point them to a “standard” joint venture agreement, I’ve always had to say no. Joint venture agreements are typically drafted by solicitors for each project, and I’m not aware of any pro forma contract published by Standards Australia or consultant representative bodies. But in 2017, the International […]

It is the time of merriment, the time for joy, the time for increased staff absences and for cheeky unexpected claims … oh yes, it’s that time of the year again, it’s the festive season! As the Christmas and New Year’s season quickly approaches, it is important to put down the glass of bubbles and […]

Prosecutions brought by the Board of Professional Engineers of Queensland (‘BPEQ’) provide an interesting insight into the types of conduct which has aggrieved users of engineering services in Queensland. Below is a brief summary of some of the disciplinary proceedings and prosecutions brought by the BPEQ […]

Since the tragedy of the Grenfell Tower fire on 14 June, developments in product compliance have sped up so quickly that it can be hard to keep pace with the latest thinking, and even harder to separate out official guidance from opinion and speculation. At our recent forum in Melbourne, a room full of consultants […]

In October 2016, we reported on the imminent commencement of ‘business to business’ unfair contract provisions in the Australian Consumer Law. As we approach the anniversary of the introduction of those laws, the Australian Competition and Consumer Commission (“the ACCC”) has announced that it has commenced its first enforcement action in relation to an alleged […]