Law for Architects: Legal Strategies, Risk Management, and IP Protection
Architects are frequently faced with legal issues in their day-to-day role, some potentially significant. Gain your CPD points before 30 June and gain an understanding of where the legal risks lie plus strategies to manage and mitigate these risks. Identify what is misleading conduct, details of professional indemnity claims, and how to manage risks in services contracts. WEB246N19
Description
For Architects:
Attend and earn 7 Formal CPD Points including:
4 CPD - Practice Management and Professional Conduct
2 CPD - Project Initiation and Conceptual Design
1 CPD - Design Delivery and Construction Phase Services
For Lawyers:
Attend and earn 7 CPD units including:
6 units in Substantive Law
1 unit in Ethics & Professional Responsibility
This program is applicable to practitioners from all States & Territories
Session 1
Understanding Architectural Contracts, Claims & Professional Indemnity Risk Mitigation
Chair: Charles Fortin, Managing Director, Collard Maxwell Architects
9.00am to 10.00am Know Your Limits in Your Services Contracts: Five Ways to Help Better Manage Risk
- Tips and tricks, based on recent dispute experience, to manage risk and understand before you sign your next services contract
- Covering how to:
- Ensure clarity of scope
- Manage client changes to a developing design and other administrative matters
- Negotiate limits of liability
- Harness collaborative contracting principles
- Manage exposure through time limitations
Presented by Sarah Cahill, Senior Associate, MinterEllison
Project Initiation and Conceptual Design - PC23, PC24 (1 Formal CPD)
Ethics & Professional Responsibility
10.00am to 11.00am Misleading Conduct: What do Architects Need to Know?
- What is misleading
- Fair statement of opinion
- Corporate and personal liability
- Prophylactic measures and risk mitigation
- Off the plan sales
Presented by David Jury, Partner, and Matthew Graham, Partner, HWL Ebsworth
Project Initiation and Conceptual Design - PC19, PC23 (1 Formal CPD)
11.00am to 11.10am Break
11.10am to 12.10pm Architectural Professional Indemnity Claims: Risk Scenarios, Claim Trends, Insurances
- Black swan events and the enduring legacy of combustible cladding
- The impact of defect litigation lawyers
- Claims trends
- Emerging risks
- Project insurances
Presented by Charles Thornley, Partner, and Elizabeth Gelder, Senior Associate, Lander & Rogers
Practice Management and Professional conduct - PC1, PC5, PC6, PC9, PC16 (1 Formal CPD)
Session 2
Safeguarding Intellectual Property and Handling Disputes & Litigation
Chair: Brian Meyerson, Managing Principal, MHN Design Union
12.45pm to 1.45pm IP is King! What Architects Need to Know About IP and IP Infringement
- Breaking down the IP rights you have in relation to your work including:
- Copyright
- Trade Marks
- Attribution & Moral rights
- How to best protect your IP in your services and other agreements
- Copyright infringement 101:
- What is copyright infringement in the architectural space
- What to do if you suspect someone is copying your work
- How to defend a claim that you are copying someone else’s work
- IP considerations when using AI tools at work
Presented by Jennifer Tutty, Founder & Managing Principal, Studio Legal
Practice Management and Professional Conduct - PC15 (1 Formal CPD)
1.45pm to 2.45pm Dispute Resolution: How to Manage and Resolve Disputes with Clients
- Contractual duties and obligations
- Informal mechanisms
- Mediation and arbitration – what are the differences?
- Litigation
- Recommended strategies
Presented by Victoria Shute, Director, Kelledy Jones
Design Delivery and Construction Phase Services - PC48, PC58 (1 Formal CPD)
2.45pm to 2.55pm Break
2.55pm to 3.55pm Shot Across the Bow – What to do When a Client Alleges Responsibility for Defects and What Might Come Next
- When to start thinking about it
- Subpoenas
- Notifying your insurer
- Being sued
- Negotiations
Presented by Helena Golovanoff, Partner, Holding Redlich
Practice Management and Professional Conduct – PC1, PC5, PC6, PC9, PC16 (1 Formal CPD)
3.55pm to 4.00pm Break
Session 3
Update on the Design & Building Practitioners Act 2020 (NSW)
Chair: Charles Fortin, Managing Director, Collard Maxwell Architects
4.00pm to 5.00pm Update on the Design & Building Practitioners Act 2020 for Architects
- Covering recent developments in:
- Duty of care cases
- Design & registration practices
- Expansion of class
Presented by David Bannerman, Principal, Bannermans
Practice Management and Professional Conduct (and Mandatory Topic: National Construction Code) - PC1, PC12, PC16, PC46 (1 Formal CPD)
5.00pm to 5.15pm Closing Remarks from Chair