News and Articles

26/10/18 – The Move to Multidisciplinary Practices: What to consider from an insurance perspective

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 […]

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04/10/18 – Collateral Warranties

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 […]

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24/08/18 – ACP Cladding Ban and NSW Government Action Plan

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 […]

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27/07/18 – Tips and Traps with Issuing Certificates

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 […]

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18/07/18 – Are your clients Model Clients?

“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 […]

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19/06/18 – Understanding Proportionate Liability

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?

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25/05/18 – Ten Hot Tips for Inspections

Ten Hot Tips for Inspections When the builder and trade sub-contractors are insolvent, or impecunious, or simply resistant to fixing building defects, principals can find it advantageous to instead pursue their consultant team for negligent inspection of the building work. Your inspection or observation role is also one of the most important quality checks on […]

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25/05/18 – Is your liability unlimited?

The bad news is that, yes, it probably is. The default position for all of us is that, if our work is negligent or otherwise in breach of a legal duty, there is no limit or “cap” on the amount of compensation we can be required to pay. So long as the loss is caused […]

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18/05/18 – Project Bank Accounts (PBAs)

From 1 March 2018, projects tendered by the Queensland Government will use PBAs on building and construction projects valued between $1 million and $10 million (including GST), where more than 50% of the contract price is for building work. The new PBA regime under the Building Industry Fairness (Security of Payment) Act 2017 is complex […]

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