Law for Architects: Contractual Obligations and Liabilities
Architects often deal with contracts, construction documentation & other issues that involve legal concerns, but many legal risks are often overlooked or misunderstood. Learn to mitigate legal risks in your contract administration, D&C contracts and novation. Ensure your knowledge is up to date on the DBP Act 2020 and its impact on remedial building works. Have your most pressing questions answered by our panel of leading experts. 222N13
Description
Attend and earn formal CPD points including:
2 Points in Practice Management
1 Point in Project Delivery
This program is based on NSW legislation
Chair: Charles Fortin, Managing Director, Collard Maxwell Architects
2.00pm to 2.50pm Remedial Building Works: Impact of the Design and Building Practitioners Act 2020
- What are the new obligations under the Design and Building Practitioners Act 2020 for remedial building works?
- What are the practical implications for remedial building works and remedial practitioners/designers?
- What should remedial designers/practitioners be looking out for?
- How are the new provisions working in practice?
- Are architects wearing the brunt of designs for waterproofing?
- Preparing compliant designs for remedial works
Presented by Helen Kowal, Partner, Swaab Lawyers
2.50pm to 3.45pm Contract Administration for Architects
It is often the case that the contract is well written and comprehensive in terms of the commercial conditions. However, the project can nonetheless be a complete disaster, being not what the client wanted, late or over budget. At that point, everyone turns to the contract only to find rights have been lost and liabilities incurred. This happens for a variety of reasons and many of these issues are avoidable.
In this session you will cover the main areas where contract and project management, which involves you as the architect, can lead to unexpected losses and avoidable disputes. The session will provide invaluable tips on how to avoid these losses and disputes, including:
- Understanding your role as architect, superintendent or certifier: obligations of independence
- Rules and tips for interpreting the contract
- Common (and sometimes expensive) mistakes
Presented by Helena Golvanoff, Partner, Holding Redlich
3.45pm to 4.00pm Afternoon Tea
4.00pm to 4.55pm Issues & Problems with Design & Construct Contracts Especially in Respect 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
4.55pm to 5.15pm Ask the Panel: Practical Q&A & Interactive Panel Discussion
Take advantage of more Q&A time with our panel of legal and design experts and have your specific questions and concerns addressed.
Panellists:
Charles Fortin, Managing Director, Collard Maxwell Architects
Christopher Larcos FRAIA, Special Counsel, Moray & Agnew Lawyers
Learning outcomes:
After completing this course, you should be able to:
- Understand the major Issues and problems with Contract administration
- Be updated on the latest information regarding DBP Act 2020 and its impact on remedial building works
- Analyse different options when dealing with novation of contracts
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.
Helen Kowal
Helen is a Partner at Swaab. With a legal career spanning over 25 years in general practice, for the past 12 years 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. Negotiation and drafting of building contracts, project management and superintendent agreements. Acting in building defect claims under the Home Building Act 1989 in NCAT and Supreme Court of NSW. Acting for developers, owners corporations and lot owners at the forefront of strata renewal legislation introduced in November 2016 including all steps required under Part 10 of the Strata Schemes Development Act 2015. Acting for owners corporations and owners in all aspects of strata law and strata disputes arising under the Strata Schemes Management Act 2015 including s237 applications and s106 claims. Preparation of call option deeds. Acting in boundary and development matters including easements, crane and ground anchor licence deeds and boundary disputes.
Helena Golvanoff
Helena is a partner in the 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. Helena works closely with her clients to ensure they understand the risks they face in their projects and how to address those risks. Apart from construction industry clients, Helena has extensive experience providing advice to insurers and insureds in respect of professional indemnity, contractor’s all risks and other project policies and business related insurance. Helena’s expertise also extends to advising education institutions in relation to development, facilities and other operational matters.
Christopher Larcos
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. He also worked in the Projects Group at King & Wood Mallesons where he was involved in everything from back-end dispute work to front-end multibillion dollar PPP road projects.
Venue
Cliftons - Spring Street
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Parking Information
Parking not included in you registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates
Directions
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km