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ARTICLE · 12 MAY 2018

Building, construction and procurement - Cautionary tales

Bartier Perry Solicitors
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These 3 recent decisions highlight issues relating to local government contracts for building and construction services.

AustraliaReal Estate and Construction
Mark Glynn (Formerly With Bartier Perry)
Mark Glynn (Formerly With Bartier Perry)
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Tale No. 1

The Bartier Perry Building and Construction team was recently engaged by a New South Wales local council regarding a possible claim against a consultant providing design services for the construction of a public access facility.

Facts

Council invited tender submissions for design services including for the construction of a new public facility.

The design scope required the consultant to provide an options analysis with more than one design option to be submitted.

The contract stated that the design must minimise the health and safety risk to construction, operation, maintenance and service workers and all other users of the facility. This clearly included members of the public.

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