Law for Architects: The Latest Risks & Legal Issues
As an architect you need to be across multiple legal areas of concern. We’ve gathered the experts in one afternoon so you can benefit from this one stop shop of expert advice. Master the rules of copyright and moral rights, get paid on time with a thorough understanding of security of payment laws. Protect yourself from litigation risk and master complex contract law issues in our contracts masterclass. WEB216N37
Description
Attend and earn formal 3 CPD points including:
1 CPD point in Practice Management
2 CPD points in Project Delivery
This program is applicable to architects & practitioners from all States & Territories
Chair: Helena Golovanoff, Partner, Holding Redlich
2.00pm to 2.45pm Managing Litigation Risk
- Litigation trends: what you need to know
- Getting the drafting right: your preventative first line of defence
- When it all goes wrong: Architect Legal First Aid and toolkit you need to protect yourself
Presented by Samuel J Woff, Commercial Construction Lawyer and Construction Litigation Specialist, Corrs Chambers Westgarth
2.45pm to 3.30pm Architects Guide to Copyright and Moral Rights
- What forms of representation are protected by copyright?
- Obligation to other architects in relation to moral rights
- Importance of additional copyright license clauses within the Client Architect Agreement
- When and how architects need to attribute other architects work
Presented by Adam Rosser, Partner, CCK Lawyers
3.30pm to 3.45pm Break
Chair: Tony Britt, General Counsel, Holding Redlich
3.45pm to 4.30pm SOPA: The Road to Getting Paid for What You do: Particular Problems Faced by Architects
- The fundamental requirements of the contract that architects often get wrong
- The nature of the services provided by architects and how they fit into the SOPA legislation, i.e. related goods and services
- Working directly for an owner occupiers - making a payment claim under the SOPA
- The requirements of successful payment claims and adjudication applications
Presented by Russell Welsh, Director, ABC Dispute Resolution Service
4.30pm to 5.15pm Contracts Masterclass for Architects
- Terms of engagement
- Design delivery to a percentage and scope creep
- Novation
- The dual role of architects in contract administration
- Giving advice
Presented by David Jury, Partner, HWL Ebsworth; Recommended Construction and Infrastructure Litigation Lawyer, Doyle’s Guide 2019
Learning outcomes:
After completing this course, you should be able to:
- Understand the major legal risks architects face and master strategies for handling risk
- Be updated on copyright and moral rights for architects
- Plan and implement suitable strategies to resolve payment disputes
- Analyse different contracts and the dual role of architects
Presenters
Helena Golovanoff
Helena is a partner in our Construction and Infrastructure group. With over 15 years’ experience in large scale construction and commercial disputes throughout Australia, she provides dispute resolution, transaction and advisory services. She has particular expertise in complex negotiations and contract structuring, including drafting and negotiating development agreements, design and construction contracts, project delivery agreements, early contractor involvement agreements and consultancy agreements.
Samuel J Woff
Samuel has broad experience across a range of construction litigation matters including domestic and international arbitrations, litigation in the Victorian Supreme Court and security of payment adjudications. He has built a reputation for considered advice and careful planning, which ensures that his clients obtain the best possible outcome in their litigation. A lateral thinker, Samuel is focused on ensuring his client’s position is robust, defensible and tested, ultimately setting up the client’s case for the best prospects of success. Samuel is also a pro bono advocate for clients, and sits as a member of the Melbourne Community Committee, helping to co-ordinate the charitable contributions, of both time and money, of the firm.
Adam Rosser
Adam Rosser is a partner at CCK Lawyers and has been practicing for over 20 years. In addition to his qualifications in law, Adam also has a degree in Architectural Studies, and with it a deep and practical understanding of construction and engineering concepts. Adam's practice is now focused upon building, construction and engineering projects, intellectual property, information technology and contractual advice. Adam is a past chair of both the South Australian Chapter of the Intellectual Property Society of Australia & New Zealand (IPSANZ), and the South Australian Chapter of the Australian Professional Indemnity Group (APIG).
Russell Welsh
Russell is a chartered quantity surveyor and project manager with over 40 years experience internationally, 30 of which has been in Australia. He is a director of Australian Building & Construction Dispute Resolution Service Pty Ltd, which is an authorised nominating authority for adjudications in NSW, ACT, TAS & SA. Russell is also an adjudicator in all jurisdictions in Australia and has decided over 300 matters.
David Jury
David is a partner at HWL Ebsworth with over 20 years' experience in negotiating, drafting and litigating contracts primarily for those involved in the building and construction industry. With experience for owners, government, contractors, sub-contractors and consultants David has provided advice to clients on a variety of issues and from different perspectives. David's experience in litigation as well as alternate dispute resolution has provided him with valuable insights into how parties to contracts can improve their chances of avoiding disputes.
Tony Britt
Tony joined Holding Redlich in October 2007 after spending over 20 years working in the construction industry, most recently for Veolia Water Australia, where he was directly involved in the delivery and operation of various municipal water treatment plants including the Sydney and Gold Coast desalination projects. Tony is also a qualified civil engineer and project manager with many years of hands on experience in infrastructure projects. Having worked for more than 20 years in the construction industry, he not only has a solid understanding of the key legal issues involved but also an exceptional awareness of the commercial realities of construction and infrastructure projects. Tony’s clients include all construction sector participants including consultants and specifically architects.