Law for Architects: Protecting Your Practice, Designs, and Recovering Payments

You know the challenges of staying abreast of the many legal difficulties architects can face - whether it's keeping up with building reforms, managing liability risks, protecting your designs, or ensuring timely payments. Equip yourself with the practical knowledge you need to navigate these challenges confidently. Discover how to safeguard your intellectual property and stay compliant with evolving regulations. Learn best strategies for recovering unpaid funds, navigate the complexities of professional indemnity insurance, and develop effective strategies to handle disputes and litigation. Walk away with actionable insights that will streamline your practice, protect your interests, and secure your cash flow.

Thursday, 15 May 2025
Save 30% - Sale ends on Friday, 9 May
Practice Management and Professional Conduct – PC1
9.00am to 9.50am Navigating Building Reform: Legal Impacts on Architects

 

  • Legal duties of architects: in contract and in tort
  • Statutory duty of care to avoid economic loss from defects
  • Regulated designs and design compliance declarations: Commercial leverage for architects?
  • Professional indemnity insurance crisis 

Presented by Owen Hayford,  Principal, Infralegal; Leading Front-End Construction, Infrastructure & Major Projects Lawyer, Doyle’s Guide  2024, 2023

10.40am to 10.55am Break
Practice management and professional conduct – PC1, PC9
11.45am to 12.30pm Navigating Professional Indemnity Insurance: Coverage, Exclusions, and Best Practices

 

  • How do I understand what cover is provided by my professional indemnity policy?
  • When should I make notifications to my indemnity insurer?
  • What is typically excluded by a professional indemnity policy?
  • Renewal and disclosure: what an insurer expects
  • How is professional indemnity insurance different to D&O insurance?
  • Warranties on holding professional indemnity insurance  

Presented by Peter Yeldham, Partner, King & Wood Mallesons and Jacinta Mallon, Solicitor, King & Wood Mallesons 

Design delivery and construction phase services - PC48, PC55
1.15pm to 2.15pm Show me the Money! Mastering Payment Disputes and Strategies for Recovery of Unpaid Funds

 

  • The importance of your written contract
    • Negotiating terms to facilitate payment
    • Compliance with terms (including notices and time bars)
  • Commercial strategies for recovery
    • Importance of claim preparation
    • Negotiation and potential compromise/settlement
  • Use of the security of payment legislation
    • Overview of statutory payment recovery process
    • Common challenges/issues
    • Enforcement, including suspension, contractor's charges and statutory demands
  • Recovery via formal dispute resolution: ADR, litigation and arbitration
    • Overview of available processes and potential claims
    • Common issues and tips for avoiding
  • General tips
    • Maintaining records
    • Importance of always issuing notices
    • Combining recovery strategies and tailoring them to the situation 

Presented by Jack Fan, Partner, Thomson Geer; Recommended Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2024; Kaitlin Duff, Senior Associate, Thomson Geer

Learning Objectives:
  • Understand key building reforms and their legal impacts on architectural practice and project compliance
  • Learn how to manage environmental standards, and mitigate specification-related risks
  • Gain knowledge of copyright protection for architectural designs and strategies to manage intellectual property rights
  • Understand professional indemnity insurance coverage, exclusions, and best practices for managing claims and renewals
  • Learn strategies for managing payment disputes and effectively recovering unpaid funds from clients
  • Develop defensive strategies for architects facing litigation, including understanding causes of action and the litigation process 
Description

Attend and earn 5 Formal CPD points including: 
4 CPD points in Practice Management and Professional Conduct 
1 CPD point in Design Delivery and Construction Phase Services 

Lawyers attending earn 5 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories

Chair:

Charles Fortin, Managing Director, Collard Maxwell Architects

Practice Management and Professional Conduct – PC3
9.50am to 10.40am Green Standards, Managing Specifications and Consequences of Non-Compliance

 

  • The legal landscape of environmental compliance in architectural projects
  • Key ESG obligations for architects in design, construction, and material specifications
  • The role of green certifications and the legal weight they carry
  • Guidance on environmental codes, green building standards and the legal/contractual consequences of non-compliance  

Presented by Sam Allam, Special Counsel, Environmental Law and Climate Change practice, Baker & McKenzie and Andrew Elias, Associate. Constuction Law practice, Baker & McKenzie 

Practice management and professional conduct - PC15
10.55am to 11.45am Protecting Architectural Creativity: Navigating Copyright and Related Issues

 

  • Structure of the standard AIA client-architect terms dealing with copyright:
    • Overview of the current framework and provisions
    • Potential areas for improvement in light of the Milankov decision
    • Examination of how the structure of the ACA client-architect agreement better protects an architect’s copyright
  • Copyright in CAD files:
    • Legal considerations and ownership rights
  • Architect's rights to photograph and publish their projects:
    • Scope of rights and common limitations
  • Moral rights:
    • Definition and key aspects
    • Independence from copyright and implications for architects 

Presented by Christopher Larcos, Special Counsel, Moray & Agnew Lawyers; Registered Architect

12.30pm to 1.15pm Break
Practice management and professional conduct – PC14, PC16
2.15pm to 3.00pm “I’ve Been Sued!” Defensive Strategies for Architects Facing Litigation

 

  • Do you really need to respond? Dealing with scenarios when you’ve been ‘served’
  • Causes of action and damages
  • Defences and apportionment of liability
  • The litigation process, mediation and conclaves  

Presented by Daniel Oldham, Principal, Oldham Construction Lawyers; specialising in construction and property litigation 

Presenters


Owen Hayford, Principal, Infralegal
Owen has over 25 years experience advising on contracts, with a focus on infrastructure projects. Owen commenced his legal career at Clayton Utz, where he became a senior partner. He also led the infrastructure teams at PwC Legal and DLA Piper before graduating from the Big Firm model to establish Infralegal. Infralegal’s business model allows Owen to specialise in providing strategic legal and commercial advice without the overheads and constraints associated with the BigLaw business model. Owen has drafted and negotiated more clauses that limit or exclude liability than he cares to remember. He brings technical understanding to this topic, seasoned with commerciality.


Sam Allam, Special Counsel, Environmental Law and Climate Change practice, Baker & McKenzie
Sam is a Special Counsel in our Environment and Climate Change practice, based in Sydney. He is known for providing incisive advice to manage environment and climate change issues, especially risks and opportunities most acute to the renewable energy and digital economy transitions. This positions clients to meet regulatory, governance, and shareholder expectations from a whole-of-environment and ESG perspective. Sam has been operating in this field for more than 10 years, in private practice and in-house. This includes working inside one of Australia’s biggest renewable energy companies where he led the Environment Team and reported to the GC and COO. Before joining Baker McKenzie three years ago, Sam was a Senior Associate at a top tier law firm in Sydney. His regular column – the "Whole of Environment Report" – is published by The Fifth Estate (a leading Australian newspaper on the sustainable environment). The column targets the C-suite and leaders in government. It draws on Sam’s day-to-day work and through its conversational style offers rare clarity on subjects like emissions reduction targets, mandatory climate reporting, corporate governance, greenwashing, the voluntary carbon (ACCUs) market, Australia’s new nature repair market, climate change litigation, nuclear energy and offshore wind.  Sam is a guest lecturer on environment law, renewable energy, sustainability and climate change at the University of Melbourne Law School.


Andrew Elias, Associate, Construction Law practice, Baker & McKenzie
Andrew advises on all aspects of construction matters at both the 'front end' and 'back end'. With over 6 years' experience, with two of those years being pre-admission experience. He primarily has acted for developers and landowners but has acted for Contractors in contract negotiations for mixed use projects, industrial and warehouse projects, residential and build-to-rent projects, energy projects (specifically, solar, wind and battery energy storage system projects), and infrastructure and civil type projects. He has also experience in adjudications across all jurisdictions under the applicable Security of Payment Acts, the NSW Supreme Court, District Court, Local Court and the NSW Civil and Administrative Tribunal. Andrew has also acted for and advised clients in alternative dispute processes, such as arbitration, expert determination and mediation.


Christopher Larcos, Special Counsel, Moray & Agnew Lawyers
Christopher is experienced and registered as both an architect and a solicitor, bringing a unique perspective to his work on his clients’ array of construction, infrastructure and projects matters. With almost 20 years’ experience as a front-end projects lawyer, as well as more than 20 years’ experience as an architect, Christopher advises contractors, developers, architects and other professionals on various construction and infrastructure projects. He advises clients on tendering, contracts, security of payment, home warranty, contract administration and claims management issues. Christopher prepares bespoke contracts and amended forms of Australian Standard contracts, and has extensive PPP, D&C, EPC and EPCM experience. Before joining Moray & Agnew, he worked at Allens Linklaters and King & Wood Mallesons where he was involved at a senior level in complex front-end multi-billion dollar public and private infrastructure projects and back-end dispute work. Christopher is admitted to practice in NSW and the High Court of Australia, and joined Moray & Agnew’s fast-growing Construction & Projects team in 2011. Christopher is particularly known for his considered, strategic approach to handling matters, while bringing his unique perspective to achieving successful outcomes on behalf of his clients.


Peter Yeldham, Partner, King & Wood Mallesons
Peter is a Partner in the Dispute Resolution group in the Sydney office of King & Wood Mallesons. Peter has  a broad practice with expertise in insurance advice and disputes, commercial real estate disputes, and general commercial litigation (including contractual disputes, and disputes between joint venture partners). In his insurance practice, Peter provides policy response advice and claims management support (including litigation, if required) in respect of Professional Indemnity, Directors & Officers (or Management Liability), Statutory Liability, W&I, cyber, Contract Works insurance, Property Damage, Public Liability, Industrial Special Risks and Trade Credit policies. The bulk of Peter's experience has been in the professional indemnity space, often advising other professional services firms and financial institutions.  Peter is regularly called upon by the banking and finance, mergers & acquisitions and real estate practice teams to provide bespoke advice and views on insurance obligations in significant contracts and transactions. Peter has deep experience in commercial real estate disputes, including in respect of the termination of leases. In his general commercial litigation practice, Peter has acted for a number of clients in the private equity, banking, real estate, resources, healthcare, food and agriculture and resources sectors. Peter advises clients on engagement with regulators (including ASIC, FIRB and the State Insurance Regulatory Authority (NSW)).


Jacinta Mallon, Solicitor, King & Wood Mallesons
Jacinta has had extensive experience in a range of complex, high value and high-profile commercial disputes across multiple jurisdictions. Jacinta’s practice includes large disputes involving ASX listed companies and financial institutions, professional negligence cases and class actions.


Kaitlin Duff, Senior Associate, Thomson Geer
Kaitlin is a Senior Associate at Thomson Geer, specialising in construction and infrastructure disputes. She manages complex, high-value construction disputes across formal and alternative dispute resolution processes. She also assists clients with drafting and negotiating contracts and provides strategic advice on all aspects of procurement, project delivery, and claims management. Kaitlin acts for both private and public sector clients across a broad range of industries, with a particular focus on transport infrastructure, commercial and residential property development, and renewable energy.


Daniel Oldham, Principal, Oldham Construction Lawyers
Daniel practices in commercial litigation, predominantly in the area of building and construction, property and Owners Corporation. He has well recognised and extensive experience, as a result orientated lawyer representing builders, owners, property developers, vendors, architects and surveyors in complex building disputes. Daniel provides advice to the Master Builders Association of Victoria and the Housing Industry Association. Daniel also provides “front end” risk management advice in relation to building contracts and sale of land contracts. He has played a significant role in resolving “off the plan” litigation involving major developers and builders, including the ground breaking cases of Mirvac (Docklands) Pty Ltd v Philp (2004), Adams v Clark Homes Pty Ltd (2015), Burbank v Owners Corporation (2015), Shao v A G Advanced Construction Pty Ltd (2017) and Gianacopoulos v DJJ Promotions P/L [2021] VSC 203 (27 April 2021). Daniel has represented parties in claims and adjudications under the Building and Construction Industry Security of Payment Act including the leading Court of Appeal decision of Pearl Hill Pty Ltd v Concorp Construction Group (Vic) Pty Ltd (2011).


Charles Fortin, Managing Director, Collard Maxwell Architects
Charles graduated architecture from the Illinois Institute of Technology, a Chicago institution known for its Bauhaus philosophy and expertise in high-rise design and construction. He is the Managing Director and owner of Collard Maxwell Architects, a practice that has been in business since 1947. As an Executive Architect he oversees the delivery of 30 to 40 projects a year, many of them construction-side. His focus is on the design and delivery of complex projects of all types, including: Data Centers, Industrial, Mixed-Use Residential, Education, and Lifestyle Retirement projects. He is a chartered architect, A+ member of the Australian Institute of Architects, and regularly contributes his time to different groups and associations, including presenting and tutoring the Practice of Architecture Learning Series (PALS) for the Australia Institute of Architects. As a Designer Charles strives to create spaces that are functional and timeless, spaces that inspire people to do great work, live great lives, and think great ideas. Working alongside builders and property professionals Charles has acquired a unique understanding of the property development process, and of the mitigation of its associated risks which include: Political, Financial, Market, and Execution risks.


Jack Fan, Partner, Thomson Geer
Jack is a specialist projects lawyer who specialises in construction, engineering, public infrastructure and dispute resolution. Jack is also an expert in all forms of dispute resolution including litigation, arbitration, expert determination, mediation, disputes avoidance boards, and adjudications under security of payment legislation. Jack has acted on a wide range of government and private sector projects, including roads, rail, rolling stock, telecommunications infrastructure, electricity, water and waste, office buildings and other commercial developments. Jack has advised clients on all aspects of a project's lifecycle, from project conception, tendering and contracting and project management.

WEB255N02

Law for Architects: Protecting Your Practice, Designs, and Recovering Payments

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Single Session
Thursday, 15 May 2025
9.00am to 3.00pm Australia/Sydney
CPD Points 5
$610.00
$427 with code 256EB30 - Sale ends on Friday, 9 May
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