After more than three years and several interim reports, the final report from the Senate Economic References Committee on Non-conforming Building Products delivered on 4 December contains no surprises. It does, however, draw together recommendations from past investigations* and it bestows a clear sense of priority upon some of these. Noting that the weight of […]

As construction projects have become more complex, the roles of consultants and contractors have become less distinct.  Increasingly, consultants are expected to provide undertakings relating to design suitability and Fitness for Purpose (FFP) which have been traditionally regarded as inappropriate for the provision of professional services. FFP clauses can include any of the following obligations […]

In October, the Victorian Cladding Taskforce released its updated findings from its audit of 1369 buildings and planning permits. These results have been keenly awaited, in order to reassure the industry that the number of high-risk buildings of the magnitude of Lacrosse or Grenfell Tower was nowhere near 1369. Consultants who came to our seminar […]

In today’s highly competitive environment, innovation is often the key to survival for professional practices. Increasingly, consultancy firms working in the construction industry are looking to gain an edge on their competitors by offering clients a diverse range of services, spanning professions from engineering to architecture, as multi-disciplinary businesses. Multi-disciplinary practices allow for collaborative working […]

Consultant: “There is only one outstanding issue to discuss in this contract. We are unable to accept liability to a third-party as noted in clause 5 of this contract. Can we discuss this clause in more detail?”. Client: “Yes. But we cannot agree to delete this clause as there may be third parties involved in […]

What should you do if you are presented with a collateral warranty? a) Sign it without thinking; b) Consult a dictionary; or c) Contact your insurance broker. As you would expect, we would advocate c). If you are working on a particularly complex project you might be asked to sign a collateral warranty. A collateral […]

First Building Product Use Ban Issued by the Commissioner for Fair Trading The NSW Commissioner for Fair Trading has imposed the first building product use ban under the Building Products (Safety) Act, which commenced in December 2017. The Act provides for the Commissioner to prohibit the use of a specified building product in a building […]

Certificates may come in many forms and do not necessarily need to be labelled as a “Certificate”. Increasingly, consultants are being asked to issue certificates to third parties not necessarily aligning with the services they have been engaged to provide. For example, at the request of your client’s financier, you write a letter to the […]

“You’re the only consultant who won’t sign our contract,” said practically every commercial and government client ever, at some point when they became frustrated with the contract negotiation process. When your client suggests that you are the only consultant who seeks to negotiate more balanced contract terms, how do you prove otherwise? How can you […]

Proportionate liability legislation was introduced in Australia nationally between 2002 and 2004 for claims involving economic loss or property damage arising from a failure to take reasonable care. In 2018, what are the implications for consultants and their consultancy agreements?