The Unfair Contract Terms discussion paper is a valuable ACA resource to assist members with their understanding of contracts. This informative webinar with lawyer, advisor and contracts expert Phillip Greenham and practice leader Mario Dreosti, covers unfair contract terms which may arise in critical areas such as professional indemnity insurance, novation, warranties, variations, resourcing, time frames, dispute resolution, proportionate liability, IP and moral rights. Watch the recording to learn how to identify, assess and mitigate risks. Originally held 8 August 2024.
Understanding and negotiating contracts is one of the biggest challenges in architectural practice. Often architects in medium and small practice have to navigate contractual agreements without the benefit of formal legal advice. Many contracts are often amended with similar onerous clauses. When the Unfair Contracts Legislation changed to include many more of our members, Mario Dreosti and the SA Committee identified the need for comprehensive legal advice and called on contracts expert Phillip Greenham to write a detailed yet accessible discussion paper for members.
This paper discusses the background to each challenge; identifies common provisions which can give rise to concern; and provides suggestions as to how those common provisions might be amended to neutralise or moderate any prejudice to the architect which might arise. It offers a traffic light system, which shows whether a clause is insurable, enforceable under new Unfair Contracts legislation, the level of concern it warrants, and how to minimise the risk.
In this webinar Phillip Greenham and Mario Dreosti discuss the following:
- The November 2023 Unfair Contract Legislation and what it means for you
- The rationale for the creation of the Unfair Contract Terms discussion paper and how to use this document
- The key elements of the document, including common problematic contract clauses and what to do about them
- Advice on the way forward for treatment and review of contracts
- General advice – read contracts attached to tender documents!
- Other useful ACA contract templates
OUR SPEAKERS
Phillip Greenham is recognised by a wide variety of eminent institutions, publications and colleagues as one of Australia’s foremost construction lawyers. He has provided an experience- and opinion-based review of many of the typical amended terms that we architects see across multiple contracts. Phillip is a Chair, Board Member and legal professional with over two decades of board level experience and 30 years of experience across the Commercial, Government, Government Entity and NFP Sectors with particular legal and construction expertise. In an executive capacity, Phillip is currently a Principal at JBM Advisory Ltd., where he provides advisory and training services to the construction industry and other industries involved in complex procurement.
Mario Dreosti is the ACA SA Branch President and the Managing Director at Brown Falconer, working across Australia from studios in SA and WA. Long-term client relationships and a history of contribution to industry representation and government advisory roles have led to Mario’s particular expertise in coordinating teams and managing complex outcomes across a broad range of project sectors. Along with his current role at the ACA, Mario is a Past President of the Australian Institute of Architects, SA Chapter.
COST
Members $30
Non-members $60
*One ticket per attendee.
CPD
1 formal CPD point.
Learning outcomes – To give attendees a better understanding of changes to the Unfair Contract Legislation and how it applies to their practice, compliance of common contract terms and amendments under the legislation, how to make best use of the ACA Unfair Contract Terms Discussion Paper, and using these learnings to help negotiate and mitigate risk for contracts they are tendering for or signing into.
Units of Competency and Performance Criteria – Practice Management & Professional Conduct – PC 1, PC 5, PC 9, PC 11
APBSA & ABWA Core Area – Practice Management
Links will be provided for recording access and CPD questions. Please complete questions after viewing the webinar in its entirety. Certificates will be provided following online submission of answers to questions. Please keep your receipt, completed questions and certificate for your CPD records.
CONTACT
Please contact Katherine Ygosse at webinars@aca.org.au with any questions.
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