We commonly advise architects and engineers on:
- Defect and design liability allegations: advising on allegations that a defect arises from a design error, and assessing whether liability properly rests with the designer or elsewhere in the project chain
- Professional liability and negligence claims: advising on claims alleging professional negligence, including responding to formal complaints, letters of demand and proceedings
- Scope of engagement and design responsibility: advising on disputes over what was agreed to be provided under an engagement, and where responsibility sits when a project involves multiple consultants
- Multi-party proceedings: advising and representing clients in disputes involving builders, developers, other consultants and owners corporations
- Design and Building Practitioners Act compliance: advising on obligations and potential liability, including declarations and duty of care obligations to owners
- Contract and engagement terms: reviewing and advising on engagement letters, consultancy agreements and terms of appointment before a project begins
- Insurance and indemnity issues: advising on professional indemnity coverage, notifications to insurers, and coordinating with insurers where a claim is made
- Expert evidence and technical disputes: advising on the use of expert evidence in disputes involving technical design or engineering questions
Outcomes we help architects and engineers work toward include:
- Allegations properly assessed and, where appropriate, defended
- Liability and responsibility clearly apportioned between project participants
- Disputes resolved without unnecessary reputational exposure
- Claims managed efficiently in coordination with a practitioner's professional indemnity insurer
- Engagement terms clarified or strengthened to reduce the risk of future scope disputes
- A considered, well-evidenced position in multi-party proceedings, protecting the client's standing relative to other parties
