Inaugural Architects Legal Symposium: Contracts and Client Agreements
213W26: As architects you often deal with contracts, construction & other issues that involve legal issues, but there are many legal risks that are often overlooked or misunderstood. Make sure you have the correct understanding of both the obvious and the hidden legal risks impacting architects. Be fully informed on the changes to the Construction Contracts Act. Fully know the obligations that arise from the AIA Client Architect Agreement and be prepared for any eventuality surrounding novation.
Description
Architects:
Attend and earn 3 Core CPD points including:
1 point in Practice Management
1 point in Project Delivery
1 point in Documentation
Lawyers:
Attend and earn 3 CPD points in Competency Area 4: Substantive Law
This program is based on WA legislation
Chair: Isla McRobbie, Partner, Jackson McDonald; Chair, Architects Board of Western Australia
2.00pm to 2.45pm Proposed Changes to the Construction Contracts Act (SOP)
A consideration of what Architects need to be familiar with in the Adjudication process under the Building and Construction Industry (Security of Payment) Bill 2020 (WA) and reviewing:
- When the new Act commences
- Which contracts are covered by the CCA and which by the new Act
- How the new Act will work in practice
- What to be particularly wary of in the new Act
- What is required when making an adjudication application or responding to an adjudication application under the new Act
- When should adjudication under the new Act be considered, for architects’ fees and for building owners?
Presented by Graham Morrow. Graham Morrow & Associates, Barristers & Solicitors P/L
2.45pm to 3.30pm Obligations that Arise from the AIA Client Architect Agreement
- Differences between a consultancy agreement and construction contracts
- The structure of the AIA Client Architect Agreement 2019
- Limiting liability though the Agreement
- The AIA 'Architect-Specialist Consultancy Agreement 2017': a 'back to back' consultancy agreement
- Cases relating to architect's consultancy agreements
Presented by Paul Wellington, Architect, Arbitrator, Mediator
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm Managing Project Risk: Real Life Lessons
By reference to real-life examples from 20 years of acting for architects, Richard will cover
- How client selection and sector focus affect your risk profile
- How different project delivery methods affect your client obligations
- How common contract provisions affect your rights and obligations, with a particular focus on representations, warranties, indemnities and insurance.
Presented by Richard Edwards, Partner, DLA Piper Australia
4.30pm to 5.15pm An Architect’s Guide to Understanding Novation
- Deal with the ‘What,’ ‘Why’ and ‘How’ of novation
- Obtain a better understanding of novation, assignment and related legal principles
- Consider the drivers behind the various contracting parties desire (or otherwise) for novation
- Identify the key risks and issues to consider when involved in novation of your services
Presented by Isla McRobbie, Partner, Jackson McDonald; Chair of the Architects Board of Western Australia
Presenters
Isla McRobbie
Isla has almost 30 years' experience in the building and construction industry generally. Prior to moving into the area of construction law, Isla was a practicing architect for 10 years. She provides advice on all aspects of front end construction issues through project inception, tendering, negotiation and procurement. She assists clients with the preparation of bespoke project documentation, as well as the use of most standard form agreements commonly used within the industry. She is also trained as a probity adviser and assessor. Isla's project experience is broad including deep sea pipelines and platforms, land development projects, gas pipelines, infrastructure procurement agreements, large scale commercial and residential developments and projects incorporating extensive use of pre-fabricated modular construction.
Graham Morrow
Graham practices as a construction lawyer, adjudicator and arbitrator. Graham worked as a qualified quantity surveyor for 14 years before commencing his legal career in Perth in 2002. A significant amount of his legal career to date has been spent advising on building, construction and infrastructure matters and related issues. Graham has been the appointed adjudicator on many payment disputes in WA, has prepared adjudication applications and responses for a diverse range of construction related clients, and advised on SAT & judicial review adjudication matters.
Paul Wellington
Director of Paul Wellington Architects since 1980. Formed Paul Wellington architect solicitor arbitrator in 2007. A registered architect in WA and until 2020 a certified legal practitioner (solicitor) of the Supreme Court of NSW and WA. Life Fellow of the Royal Australian Institute of Architects (AIA), Senior Counsellor with AIA since 1995, an examiner for Architects Accreditation Council of Australia, a graded arbitrator and mediator with the Resolution Institute, an adjudicator under the Construction Contracts Act WA, and holder of a Certificate of National Accreditation as a mediator. A sessional lecturer at Curtin University; School of Law in ‘Construction Law, Faculty of Construction Management in construction law and contract administration.
Richard Edwards
Richard has practised in litigation and dispute resolution work since 1999.Richard's practice focuses on transport, professional indemnity, and construction disputes. He has particular experience in advising engineers and construction consultants on issues connected with construction contracts and insurance risks. He also has experience in maritime and transport related matters and in May 2011 completed the University of Southampton's Singapore Short Course on Maritime Law. Richard has acted on a variety of matters in the District, Supreme and Federal Courts, from straightforward claims to complex multi-, party liability disputes. He is experienced at using alternative forms of dispute resolution such as arbitration and mediation.
Venue
Parmelia Hilton
Level 1, Meeting Room, 14 Mill Street
Perth 6000
WA
Australia
Directions
Nearby Public Transport:
Train Stations - The Esplanade Station
Bus Interchange - St Georges Terrace Cloisters Green
Parking information
Parmilia Hilton - Valet Parking only - Click here to view rates.
Convention Centre - 100 metres from Parmelia Hilton. Click here to view rates