Four tips to avoid disputes over standards and specifications in the construction industry

In brief - Contracts should be clear on standards and responsibilities

Disputes involving standards and specifications are common in the construction industry. A major area of uncertainty and, therefore, dispute is the applicability of standards, particularly when determining whether a professional duty has been discharged negligently or in breach of contract.

Consider the following examples of the obligations imposed on construction and engineering professionals at law.

Builder should have been aware of timber structures standard

WB Jones Staircase and Handrail Pty Ltd v Richardson [2014] NSWCA 127 concerned a balustrade which failed due to non-compliance with AS 1720.1- Timber Structures Code. The building company tried to argue that it was a "general builder" and as such had an overall knowledge of building requirements, but not the requirements of specialist sub-trades.