It was a pleasure presenting on protecting intellectual property law. We received quite a few questions in relation to: clients copying designs for unrelated projects; and clients using partly completed designs and engaging a third party consultant to finalise the designs. As such, we thought it would be helpful to summarise the position in a […]

This Christmas time, more than many we’ve had before, we need to take stock, relax and give ourselves a huge pat on the back for making it through this unprecedented time relatively unscathed. Despite us wanting, nay needing, this time to rest, our work, projects and the obligations on consultants don’t and won’t really let […]

The last two years have seen a great increase in requests for specialist consultants to sign reports confirming that a specific design solution complies with the National Construction Code, especially where the design relies on a performance solution. Whether called a “certificate”, “report” or merely a “letter”, these documents impose liability and risk on the […]

In our recent webinar series ‘Getting Confident with Contracts – Part 1: A Practical Perspective’, polling indicated the following about client drafted contracts: at least 50% of consultants are told by clients that you are the only ones that won’t sign their contracts; over 50% of consultants have been told that client agreements cannot be […]

While you are busy working on your project, your client calls you to explain that you and your team are required to sign a Confidentiality Agreement to continue working on their project. What do you do? Let’s start with… What is a Confidentiality Agreement? A confidentiality agreement is a legally binding contract where one party […]

As this year’s most talked about Act in NSW comes into effect, it is fairly safe to say that it has been met with some scepticism, criticism, reluctance and many many questions by the construction industry with the changes it brings. But it is here, and it is here to stay. Since the Design and […]

We’ve had a few changes to the informed team lately. Sadly, in June we farewelled our NSW Risk Manager/National CPD Manager Natalie Sullivan, and we’re now saying goodbye to our Administrator – Risk Services Sandra Farmer BUT also welcoming her replacement Charli Lin. Many of you would have come across Sandra at some stage, either […]

Just as beauty is in the eye of the beholder, safety is in the hand of the policy holder. Things can go wrong for the most proficient of practitioners even when retired so don’t forget your run-off cover. To quickly recap, the nature of professional indemnity insurance policies are generally ‘claims made’ or ‘claims made […]

The story began with an unextinguished cigarette in the early hours of 24 November 2014. The fire started by that cigarette burned rapidly up the side of the Lacrosse Building in Melbourne’s Docklands precinct, from level 8 to level 21 in a matter of minutes, aided by “Alucobest” aluminium composite panel cladding with 100% polyethylene […]

The difference between limit of indemnity and limit of liability is puzzling. Let’s unpack the complexities using this simple scenario. ABC Pty Ltd entered into a contract with XYZ Pty Ltd. ABC is the client who have engaged XYZ for architectural services. XYZ have a $2 million limit of indemnity on their professional indemnity policy. […]