The recent decision FKP Commercial Developments Pty Ltd v Zurich Australian Insurance Limited [2022] FCA 862 confirms that professional indemnity insurance policies taken out by construction companies will not cover losses that are not sufficiently connected to the provision of “professional services”.  The Court also made it clear that professional indemnity insurance policies are to […]

In 2022, as in 2021, one of the most common queries we’ve had is requests to review reports and certificates relating to performance solutions. These reports are becoming increasingly common because of two factors: the commencement in July 2021 of the new Part A2.2(4) in the National Construction Code which demands proper documentation of performance […]

Drawing on our experience in insurance, construction and claims management, our team of risk managers at informed by Planned Cover reviews well over 1000 contracts in an average year, and presents seminars and webinars to thousands of attendees. These services are an included benefit to consultants who place their professional indemnity insurance through Planned Cover. […]

In recent months, news of Probuild entering administration and Condev going into liquidation dominated the headlines in the construction industry, accompanied by the loss of a few smaller, lesser-known builders. Whether the cause was COVID lockdowns, rising construction costs, or intense competition driving margins too low to withstand unexpected pressures, the impact on the industry […]

Can you believe it! It has been roughly a year since the majority of construction industry’s most talked about Act in NSW progressively came into effect. The Design and Building Practitioners Act 2020 (NSW) (“Act”) and the Design & Building Practitioners Regulations 2021 (NSW) (“Regulations”) brought design, engineering and building practitioners working on Class 2 […]

Establishing a precise scope of services in your consultancy agreements is one of the most important things you can do to mitigate your risk. Before embarking on a project, you should: check you have the knowledge, expertise and resources to perform each of the tasks listed in your scope of services and delete any listed […]

It’s no surprise that cost control is both a priority for clients and a recurring contributor to disputes and claims. Every construction project is a one-off, completed in a market where cost of materials and labour are constantly changing. At the time the initial budget is set, the project may contain a myriad of unresolved […]

Work health and safety legislation in every state and territory places obligations on consultants to do what is “reasonably practicable” to ensure that the buildings they design are safe. The sting in the tail of these obligations is the power of work health and safety regulators to prosecute designers for breach, seeking to impose fines […]

Determinative v Non-Determinative Processes and how they affect your Professional Indemnity (PI) Insurance It is not uncommon for consultants to experience a dispute at some point in their career.  Projects are increasingly complicated making the resulting disputes more complex too, but, lengthy and expensive litigation is no longer the default method used to resolve all […]

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 and paid subscribers of informed by Planned Cover can download the Practice Guides using […]