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 […]

You will have seen the recent spike of media reporting on the call by trade unions to ban the use of engineered stone. This recent ABC article reports that the Federal Labor Government has called for Safe Work Australia to advise on the mechanics of a ban, and state workplace safety ministers are meeting to […]

Our informed Practice Guides are a series of short notes providing general guidance on some common risk, insurance and contract related topics. Our Practice Guides cover a range of subjects from Novation, to Indemnities, and Inspections and Certificates. Planned Cover clients can download the Practice Guides using their login. Over January, we have updated some […]

Welcome our new Risk Managers Winston Churchill once said, “To improve is to change”, something we hold to be true and have been constantly trying to achieve by growing and evolving as a business to provide design consultants with high quality, relevant and up to date risk management and educational advice. We continually strive for […]