Have you been in a position where a claim has been made against you? If you have, you will no doubt be familiar with the term “discovery”. If you haven’t, it is something you should be aware of as the steps you take right now matter and can help defend any claim and streamline the […]

With lockdown and COVID visible in our rearview mirror, 2023 was a year of contradictions with both increased spending and cost control, personally and professionally. We started the year off with our popular Webinar, The Claims Experience, by our experienced Claim Managers from Focus Underwriting, Adele Monaco and Hayley Davani, who discussed their recent claims […]

SALES OF OUR ANNUAL WEBINAR PASS FOR 2024 HAVE NOW CLOSED For the last 7 years, informed by Planned Cover’s webinar program has been keeping you up to date on the current issues affecting the construction industry, and in turn, assisting you to meet your professional CPD obligations. In 2024, we’re continuing to provide our specialised […]

Unfair contracts legislation (“UCL”) is not new. However, new provisions that commence operation from 9 November 2023 expand the reach of UCL in ways that benefit consultants who work in the parts of the construction industry where long and one-sided consultancy agreements are the norm. The amendments to UCL (“Amendments”) apply to contracts entered into […]

School children were once taught to ‘Keep It Simple Silly’ – a principle which means that most things work best if they are kept simple and straightforward, rather than made overly complicated. The K.I.S.S principle is particularly relevant when it comes to limitation of liability clauses, especially when you consider their potentially dire consequences. What […]

Case Note: Khan v Filardo Ercan Architects Pty Ltd (Civil Dispute) [2023] ACAT 35 (19 June 2023) The recent ACT Civil and Administrative Tribunal (ACAT) case of Khan v Filardo Ercan Architects Pty Ltd has highlighted the importance of maintaining good relations between the architect and client on domestic projects, including maintaining clear communication between […]

When you are initially engaged by a client to work on a new design/build, you are no doubt keen and itching to get started on crafting your design. But before you do, there is something vital you need to consider – has your client signed the agreement you initially sent to them, together with your […]

Our colleagues at Focus Underwriting have made us aware of this issue which can contribute to claims against architects: The Australian Institute of Architects (AIA) recommends that before an architect commences work on a project, the architect and client enter into a written agreement signed by the parties that, amongst other things, defines the services […]

At its core, collaboration requires teams to work together towards one project goal. Ideally, everyone would be collaborating towards the same project goal with access to the main plans, information and relevant documents without having to rely on others. Although it is advantageous to make collaboration central across projects, the reality of the traditionally fragmented […]

You may already be familiar with the sinking feeling that accompanies receiving a statement of claim or subpoena, particularly if served in person. Once the sinking feeling subsides, and you have notified your insurer and lawyer, what is the next step? The answer is evidence, or more accurately, collating the often-voluminous records brought about by […]