Law for Architects: Contracts, Planning & Disputes

Consider your role in the planning and environment law process. Explore what the Design and Building Practitioners Bill 2019 means for you, including new penalties for breaching your duty of care. Master how to expertly deal with payment disputes and how to perfect your role in the contracting process. This unique program featuring industry leading legal experts will provide solutions to the essential legal dilemmas facing architects.

Lawyers
Attend and earn 3 CPD units in Substantive Law
This program is based on NSW legislation

Architects
Attend and earn 3 formal CPD points including:
2 points in Practice Management
1 point in Project Delivery

Chair: Charles Fortin, Managing Director, Collard Maxwell Architects

2.00pm to 2.45pm: An Architect's Role in Planning and Environment Law

• Overview of the rules for construction certificates and occupation certificates in NSW
• Case Study of Development Applications: material deferred commencement conditions for a residential development prior to the issue of:
• Construction Certificate
• Occupation Certificate
• Tips in completing the Architect SEP 65 Verification Statement for the Development Application

Presented by William Calokerinos, Barrister, Wentworth Chambers; Accredited Mediator; Chartered Tax Adviser; Chartered Accountant; Property Developer Consultant

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

Presented by Helen Kowal, Partner, Swaab

3.30pm to 3.45pm: Break

3.45pm to 4.30pm: Payment Disputes for Architects: Recovering Your Costs & Fees

• Gain an introduction to the Building and Construction (Security of Payment) Act 1999 NSW
• An insider’s guide to adjudication
• Tips and traps for claimants
• Understand the issues specific to the profession
• Learn how to prepare contracts for a successful adjudication
• How to recover costs incurred while recovering outstanding fees through adjudication
• Recovery of fees after adjudication: What are the options and advantages

Presented by Peter Sarlos, Architect; Lawyer; Chartered Building Surveyor; Construction Adjudicator; ADR Practitioner

4.30pm to 5.15pm: The Architect’s Role as Superintendent Under a Contract

• Insufficient education regarding contract administration
• Understanding the architect’s role as agent of the principal
• Knowing when to exercise independent discretion
• Understanding and analysis of complex delay and variation claims

Presented by Ian Bailey AM SC, Ground Floor Wentworth Chambers

Learning outcomes

After completing this course, you should be able to:

1. Understand the architect’s role as superintendent under a contract
2. Have a deep understanding of Legal Requirements of Planning and Environment
3. Be prepared for any eventuality around the Design and Building Practitioners Bill 2019
4. Know strategies for dealing with payment disputes for architects