The Shergold-Weir “Building Confidence” Report was delivered in February 2018 and published in April 2018, in response to the fatal Grenfell Tower fire in London, the expensive Lacrosse fire in Melbourne, and a number of high-profile product failures including asbestos contamination in supposedly asbestos-free materials. Commissioned by the Building Ministers Forum, the Report laid out […]

We are often asked by consultants working in the construction industry – “how long does my liability last?”. The answer is not always simple and in fact, it is sometimes quite complicated – given the different jurisdictions in which consultants practice, the different types of claims which can be brought and the different triggers for […]

The industry is talking about novation. A ‘design and construct’ procurement model where the consultants are novated to the builder has become commonplace on many commercial construction projects. How this project delivery model may be impacting project outcomes – both positively and negatively – has become a topic of much discussion. Novation was the topic […]

It doesn’t take a misplaced banana peel to cause a slip injury. Although personal injury claims aren’t the biggest cause of notifications under consultants’ professional indemnity insurance, they are a regular periodic contributor, and slip resistance is a key factor within those. A ramp in a shopping centre, in a potential wet area exposed to […]

In the current landscape, architects and other consultants are becoming increasingly exposed to litigation and risk of claims arising from their contractual obligations. There is a general awareness in the construction industry about clients’ ability to commence litigation or make a claim from another party who might have caused them to suffer loss or damage […]

It’s time to celebrate the end of the financial year!  On a less exciting but equally important note, the end of financial year is a good time to consider what records you need to keep and how you might go about destroying any records if the circumstances and time are right. Why keep your documents […]

We have all come across ‘Dispute Resolution’ clauses in commercial contracts, also known as ‘Alternative Dispute Resolution’ (“ADR”). ADR offers alternative methods for resolving disputes without recourse to litigation saving costs, time and stress. It can help resolve a dispute before it goes court or tribunal. This article aims to summarise the different types of […]

“Other consultants don’t have a problem with this clause.” As part of the contract review service we provide to PI insurance clients of Planned Cover, we regularly see consultants’ clients giving this exact reason as justification for refusing to amend a problem clause in their contract. For what it’s worth, a great many of you […]

The Australian Institute of Architects has released a new version of its pro forma client and architect agreement. The new 2019 Client Architect Agreement (“CAA2019”) replaces the previous 2009 version. In our experience, the Institute of Architects contracts are widely used on domestic projects, but there is no impediment to using them on commercial or […]

Are you experiencing unclear and cumbersome procurement processes for government and institutional projects?  If so, you’re not the only one… The Australian Institute of Architects (‘Institute’) has recently undertaken extensive research, sourcing both qualitative and quantitative data, the results of which have shown that there are significant widespread problems with procurement processes.  Some of the […]