Contract Law

When Building Projects Don’t Go To Plan

When building projects don’t go to plan and the parties can’t resolve the dispute they usually end up engaging a lawyer to help disputed rights through litigation.  This can be a financially and emotionally debilitating process.

In some cases building disputes are now shifting from litigation to voluntary settlement. This can occur when one party agrees to some or all of the other party’s claims and chooses not to fight the matter in court, with the other party agreeing to forgoing any further litigation against the first mentioned party.
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National Construction Code | Free for NSW Builders

As part of a joint Federal Government initiative, NSW builders can have free access to the National Construction Code, at reducing poor work in the building industry, NSW Fair Trading Minister Matthew Mason-Cox and NSW Planning Minister Pru Goward announced today.

“Construction is a key plank of the State’s economy and the NSW Government is continuing to do all it can to ensure we have a strong and compliant industry,” NSW Fair Trading Minister Matthew Mason-Cox said.

“From 1 February, all NSW Builders will have access to the National Construction Code (NCC) through a free online service.

“Previously, businesses were required to pay almost $400 to get access to the Code.

“By making the Code freely accessible, we are encouraging greater compliance and best practice standards throughout the industry, from sole-traders right through to large companies. “Access to the Code is expected to increase from 12,000 registered users to about 200,000 practitioners in the building and plumbing industry.

“This means all builders will now know what the expected standards are, as well as their responsibilities,” he said.

The National Construction Code provides model regulations for buildings and plumbing and is given effect through state and territory legislation.
The move will eliminate the Code’s purchase price (almost $400) and increase the number of building and plumbing practitioners using the Code across Australia.
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I recently read this article about the dual role of architects. The article talks about how some building contracts will be “architect administered,” meaning that the architect who designed the construction will also be assessing tenders and then acting as contract administrator once the chosen builder commences works. – Read More 

This very dangerous for both and even the third party.  During the progress the Architect becomes an advocate for both parties which is a conflict of intended interest.

Talk about duty of care, duty to warn and conflict of interest. It should only be about guidance.
How can an architect give direction to both parties when engaged by both? Litigation is looming here.