News and Articles

Category: 2022

23/12/2022 – Purchase our 2023 Annual Webinar Pass

***** ANNUAL WEBINAR PASS 2023 IS NO LONGER AVAILABLE FOR PURCHASE ***** Since 2017, informed by Planned Cover’s webinar program has been helping you stay up to date on current issues affecting the construction industry, and meet your professional CPD obligations. In 2023, we’re consolidating our offering into a tighter program of eight webinars – […]

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19/10/2022 – Legislative duty of care under the DBP Act and the interactions with other duty of care obligations for design professionals

Since the introduction of Part 4 of the Design and Building Practitioners Act 2020 (NSW) (“DBP Act”) relating to the legislative duty of care obligations (which commenced in June 2020) those in the construction industry, particularly those architects, engineers, other design consultants and builders performing their services in NSW, have been put on notice. There […]

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27/09/2022 – Construction not “professional”

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 […]

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19/08/2022 – Performance solution reports and certificates

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 […]

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29/06/2022 – Measuring the Value of Risk Management

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. […]

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08/06/2022 – Managing the Risk of Builder Insolvency

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 […]

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01/06/2022 – Design and Building Practitioners Act (NSW) Update

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 […]

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20/04/2022 – Getting your scope of services right

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 […]

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23/03/2022 – Cost Control: More than just the budget

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 […]

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09/03/2022 – 10 Years of Safe Design: More Good News Than Bad

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 […]

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