Law for Architects: Crucial Issues in Compliance and Contracts
213N52: As architects, you often deal with contracts, construction documentation & other issues that involve legal concerns, but many legal risks are often overlooked or misunderstood. Learn to identify legal risks. Explore problems with D&C contracts, engage with the latest legislation and explore best practice business structuring for architects. Learn strategies for resolving common disputes. Engage in a unique program featuring presentations from legal experts with time for all your questions.
Description
Attend and earn formal CPD points including:
1 Point in Practice Management
2 Points in Project Delivery
This program is based on NSW legislation
Chair: Charles Fortin, Managing Director, Collard Maxwell Architects
2.00pm to 2.45pm Issues & Problems with D&C Contracts Especially in Respect of Novation
Join an expert solicitor and senior architect as he delves into the most common and troublesome issues that arise for architects when dealing with design and construction contracts with a particular focus in the area of novation.
- The problems with traditional procurement methods and why we have novation
- Who takes design risk in traditional procurement and who takes that risk in D&C procurement?
- Is an architect obliged to agree to a novation and, if so, on what terms?
- From a client’s perspective, what are the risks in novating the architect and how can these risks be mitigated?
Presented by Christopher Larcos FRAIA, Special Counsel, Moray & Agnew Lawyers
2.45pm to 3.30pm Design and Building Practitioners Act 2020: New Duties & Penalties for Architects
- Design and Building Practitioners Bill 2019 assented to by Parliament on 11 June 2020
- Statutory duty of care provisions in force immediately and retrospective
- Majority of provisions to commence 1 July 2021
- What does it mean for architects? How will things be different?
- What is a 'regulated design'?
- What are the new registration and licensing requirements?
- What is adequate insurance? Will it be available?
- Penalty and enforcement provisions
- Brief overview of the Residential Apartments (Compliance and Enforcement Powers) Act 2020
Presented by Helen Kowal, Partner, Swaab
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm Architect Disputes: Common Sources of Conflict and Strategies to Resolve
- Disputes between architects and clients
- Disputes between architects and builders and other contractors
- Resolution strategies
Presented by Ian Bailey AM SC,Ground Floor Wentworth Chambers
4.30pm to 5.15pm Business Structuring for Architects
- Choosing the right business structure, such as a partnership or company
- Can trusts be used to protect assets?
- Key aspects of Partnership Agreements and Shareholders Agreements
- Registration requirements: NSW example
- Key points for Client Agreements
- Privacy Compliance
Presented by Shah Rusiti, Partner, Teece Hodgson & Ward Solicitors; Accredited Specialist in Business Law
Learning outcomes:
After completing this course, you should be able to:
- Understand the major Issues and problems with D&C contracts
- Be updated on new legislation impacting on the role of architects
- Plan and implement suitable strategies to resolve common disputes as an architect
- Analyse different options for business structures for architects
Presenters
Charles Fortin
Charles graduated architecture from the Illinois Institute of Technology, a Chicago institution known for its Bauhaus philosophy and expertise in high-rise design and construction. He is the Managing Director and owner of Collard Maxwell Architects, a practice that has been in business since 1947. As an Executive Architect he oversees the delivery of 30 to 40 projects a year, many of them construction-side. His focus is on the design and delivery of complex projects of all types, including: Data Centers, Industrial, Mixed-Use Residential, Education, and Lifestyle Retirement projects. He is a chartered architect, A+ member of the Australian Institute of Architects, and regularly contributes his time to different groups and associations, including presenting and tutoring the Practice of Architecture Learning Series (PALS) for the Australia Institute of Architects.
Christopher Larcos FRAIA
Christopher advises contractors, developers, architects and other professionals on various tendering, contract, security of payment, home warranty, contract administration and claims management issues. He prepares bespoke contracts and amended forms of Australian Standard contracts, and has extensive PPP, D&C, EPC and EPCM experience. Christopher is registered as both an architect and a lawyer, with over 15 years’ experience as a front-end projects lawyer and over 20 years’ experience as an architect. Prior to joining Moray & Agnew, Christopher worked in the Projects Group at Allens Linklaters where he was involved in complex front-end multibillion dollar public and private infrastructure projects using various contracting and funding structures
Helen Kowal
With a legal career spanning over 25 years in general practice, for the past decade Helen Kowal has specialised in building, construction, strata and property. She has worked for many owners corporations, developers and builders in all facets of building and construction law in all jurisdictions. Acting for owners corporations, owners and builders in building defect claims under the Home Building Act 1989 in NCAT and Supreme Court of NSW.
Ian Bailey AM SC
Professor Ian Bailey is recognised as one of Australia's leading construction practitioners. He has particular expertise in major construction disputes, commercial arbitrations, mediations and court references and has acted in a broad range of disputes locally and internationally. With significant experience in all forms of dispute resolution, Ian is an accredited Mediator, Adjudicator, Expert Determiner and Grade 1 Arbitrator. Ian's vast industry knowledge is highlighted by his previous career as an architect for ten years on commercial and residential projects in Sydney. He was appointed as a Member of the Order of Australia in January 2017.
Shah Rusiti
Shah is an accredited specialist in Business Law. He has over 20 years' experience in business law and is a member of the NSW Law Society's Business Law Accreditation Committee. His experience covers business and commercial law, information technology and a range of industries including manufacturing and service industries. He is a regular presenter on business and commercial law topics including buying and selling businesses, commercial leases, due diligence, drafting effective agreements, shareholders' agreements and dealing with shareholder disputes. He is also an editor of several chapters in the LexisNexis Australian Encyclopedia of Forms and Precedents.
Venue
The Grace Hotel
77 York St
Sydney 2000
NSW
Australia