News and Articles

04/09/19 – Novation: A procurement model in the spotlight

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 […]

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29/08/19 – Getting a sure footing on slip hazards

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 […]

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21/08/19 – ABCs of Professional Indemnity

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 […]

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12/06/19 – Alternative Dispute Resolution

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 […]

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1/5/19 – A New Contract for Architects

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 […]

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17/04/19 – New Guidelines on Procurement practices released by the Institute of Architects

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 […]

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19/03/19 – Implications of the Lacrosse Judgment – Part 1

Handed down on 28 February 2019, the 227-page judgment of His Honour Judge Woodward traces the history of Melbourne’s Lacrosse tower, from its inception as a mixed use development in April 2007, through a GFC-driven hiatus in May 2008, redesign into smaller stages from July 2009, through to completion in 2012. The focus of the […]

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