About this Event - 7 May 2019
After Lacrosse: Consulting Agreements v Retainer Agreements v Terms of Engagement, Contract Management and the Role of Building Surveyors
The outcome of litigation arising from the Lacrosse apartment fire, where building surveyors were held liable for a significant portion of damages awarded to the building's owners, has brought the role of building surveyors and the contracts that they use, into sharp focus.
Building surveyors must adhere to a raft of statutory obligations when making decisions on building applications and must carefully manage their statutory responsibilities so that they do not find themselves in a situation where they have a conflict between their statutory obligations and their obligations under consultancy arrangements.
Further, where contracts are entered into, they can impose additional obligations, indemnities and liabilities which may result in a building surveyor or their employer being held liable for damages in place of a builder.
AIBS has partnered with KelledyJones Lawyers to prepare template agreements for each State and Territory for use by members as well as a comprehensive professional development seminar which, together, are intended to ensure that members are aware of their statutory and contractual rights and obligations so that they adhere to statutory requirements, as relevant and mitigate risk arising from decision-making, provision of advice and consultancy work undertaken.
The professional development seminar covers the following topics:
- Setting the scene: statutory responsibilities and oversight and its impact on contracts, client relationships and risk management.
- Contract law basics - what makes a contract and when are contracts enforceable?
- Best practice in contract negotiations and documentation
- Contract management - the ink is dry, now what?
- intellectual property - what is it, who owns it an how does it affect my business?
- Security of payment legislation and how it affects contract management and cash flow
- Managing breaches and termination.
Case studies will be used through the seminar and Q&A opportunities will be included to ensure that attendees obtain maximum benefit. Further, attendees will get a 'first look' at the template agreements prepared for use by AIBS members along with information as how to they can be used in their practice.
Spaces are limited so get in quick.
* event timetable and content subject to change
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About the Speakers:
Victoria specialises in advising and representing councils in all manner of matters under the Development Act 1993 in South Australia and is experienced in advising clients both here and interstate on all manner of building assessment, regulation and practice. Victoria has been recognised as one of Australia's outstanding legal talents and is listed in the Best Lawyers List and Doyle's Guide.
Mark has been advising clients in Australia and the UK since 2002 and joined KelledyJones in January 2019 to drive expertise in the areas of property and commercial law, including construction. Mark thinks outside the square and has been involved in a number of cutting edge projects, including the expansion of the purple pipe network, the implementation of the Water Industry Act, joint development of civic facilities and innovative funding models for infrastructure projects.
He enjoys the challenge of finding new ways to service his clients and thrives on ensuring outcomes and practical solutions are achieved. Mark was listed in Doyle's Guide's list of Leading Property & Real Estate Lawyers in South Australia in 2017.
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There is a strictly limited capacity available for this event - Register to secure your place now.