WA Architectural Panel - update

Richard Young , 3 December 2013

Negotiations continue in WA over the government’s Building Management and Works contracts. Richard Young provides a further update. 

Earlier this year ACA – WA, through its membership of a Built Environment Design Professions (BEDP) working group, received a letter from the Minister for Energy, Finance, Citizenship and Multicultural Interests, Dr Mike Nahan, MLA. This advised us of a new approach to the application of the Civil Liability Act 2002 (WA) in consultancy contracts entered into for public works contracts, which would entail a “more balanced view on the application of Part 1F”. The context is that, under the existing consultancy contract, the government’s Building Management and Works (BMW) department had excluded the provisions of Part 1F that allow for proportionate liability.

This letter caused great rejoicing and relief amongst the architectural fraternity. However, I regret to report that in the ensuing months the proposed changes to the clauses have proven to be less than satisfactory. Dialogue is continuing between the BEDP and BMW. Our position is that the exclusion clause should be deleted, not amended – full stop!

Meetings are also continuing over the issue of limiting liability in BMW consultancy contracts. No final outcome has been reached on this.

Rest assured we will continue to fight hard on these issues but as usual it is a long process.

Richard Young is ACA – WA President. This item was first published in ACA Communique December 2013.

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