Why is new COLORBOND® steel with Thermatech®

solar refl ectance technology so important?

Roofing is a key consideration when designing any

building to be thermally efficient. That’s why Thermatech®

solar reflectance technology is included in the specification

of all 20 colours in the standard COLORBOND® steel

range, at no extra cost.

In hot weather, COLORBOND® steel with Thermatech®

can help reduce peak roof temperatures by up to 11°C

and provide the equivalent to an increase in insulation

of up to R1.0. Compared to roofing materials of similar

colour with lower solar reflectance, COLORBOND®

steel can reduce annual cooling energy consumption

by up to 20%*. That’s a breath of fresh air for everyone.

For information and fact sheets, go online or call

1800 022 999.

CO

LO

RB

ON

D®, T

herm

ate

ch

® a

nd

Blu

eS

co

pe a

re r

eg

iste

red

tra

de m

ark

s o

f B

lueS

co

pe S

teel Lim

ited

AB

N 1

6 0

00 0

11 0

58. * D

ep

end

ing

on level o

f in

sula

tio

n, b

uild

ing

sh

ap

e a

nd

fu

nctio

n. A

vera

ge r

ed

uctio

n is a

bo

ut

5%

. T

BD

32

59

6B

1

Climate control starts here

colorbond.com/thermatech

TBD32596B1_210X297_NEW.indd 1TBD32596B1_210X297_NEW.indd 1 7/4/10 10:36:55 AM7/4/10 10:36:55 AM

The Building Designer No.163 December 201010

BEDI LTD 2011

The BDAQ/BEDI partnership is assembling a

Sustainability Committee to oversee the major

projects being set up for 2011.The partnership is

working on an ambitious program for the next twelve

months aiming to:

· develop materials for delivery in the

Endorsed Sustainable Building Designer

program

· develop an RTO partnership to enable BEDI

Training to deliver workplace training in

regional Queensland using the soon to be

released Building Designer National Training

Package

· develop an interactive web site and social

media presence to promote sustainable

building design and provide up to date and

accurate information to the public

· manage research and development projects

to address specific areas of sustainable

building design where innovative solutions

can improve the performance of the built

environment.

The Sustainability Committee will be charged with

advising and overseeing these projects. It will be

chaired by BDAQ executive director, Russell Brandon,

and will also include six or seven building designers

and at least three representatives from the building

materials sector.

Endorsed Sustainable Building Designer Program

BEDI Ltd has abandoned plans to use the Building

Sustainability Seminars published by the

Commonwealth Government in favour of adopting

new materials which will better suit the ongoing

success of the program.

The new program will be available for presentation at

the workshops to be held next May and June in

Ipswich and Cairns and will also be available by the

end of 2011 for the up-date seminars required for

existing endorsed building designers to maintain

their endorsement for a further two years.

BEDI Training program

BEDI Ltd.Training is negotiating an RTO partnership

which will see the delivery of targeted training for

apprentice building designers, particularly in regional

areas.

Building Consumer Advice Bureau

Design of a new interactive web site and a social

media presence is already underway. A detailed Q &

A section, online chat sessions, blogs and social

media will all get the message of sustainable

building design out into the public arena.

Research and Development high on the agenda

Perhaps the most ambitious project involves

establishing research and development clusters to

enable the most innovative building designers to

contribute to developing better solutions for the

development of sustainable built environments.

It is an exciting program for 2011 which will need a

very focussed committee to ensure that the plan

stays on track. A number of highly credentialed

building designers and industry specialists have

been invited to be on the committee and it will be on

the job by the end of January 2011.

New committee to manage BDAQ/BEDI program

0

5

2 5

7 5

9 5

1 0 0

D e c 1 0 _ 0 1 2

T u e s d a y , 7 D e c e m b e r 2 0 1 0 1 1 : 4 2 : 4 8 A M

CONSULTANCY CONTRACTING

The Building Designer No.163 December 201018

If you're selling your servicesas a consultant, it'simportant to ensure that thecontracts between you andthose hiring your servicesare robust and effectivelyprotect your interests.

Taking the time to prepare and document thearrangements you agree on at the outset of anyengagement can help you avoid expensive anddrawn-out litigation down the line.

Here are our top five tips for negotiating anddrafting effective consultancy contracts.

1. Be clear about your role

It's important that all the services that you areengaged to provide are clearly documented andput in writing. If you are asked to provide a limitedtype or scope of services, you need to clarify whatthe inclusions and exclusions are by includingappropriate terminology that sets out the reducedor limited nature of the services.

Defining the scope of services in this way from theoutset will reduce your risk of exposure topotential claims from clients for breach of duty. Ifyour client then wants to reduce the services youperform, which might compromise your remainingduty, it's worth seeking an indemnity from theclient.

2. Get the final agreement signed

After providing a proposal for services, it's ofteneasy for both parties to overlook the need toclearly document the final terms agreed betweenthem, particularly if it takes a while to negotiate thescope or price of services. It's important to ensurethat each communication throughout thenegotiation process clearly states that the finalagreement is subject to your proposed terms.

A simple letter from a client responding to aproposal for services may not necessarilyincorporate the terms you need in order to coverthe professional risks associated with the job.Therefore, before beginning work, it would be wiseto ensure that the client signs a document thatacknowledges acceptance of your terms. Thisshould be an essential requirement for everyengagement.

3. Take care when engaging others

Remember that if you engage another consultant,it usually follows that you will be responsible forthe acts and omissions of that consultant inmeeting your obligations to your client. Onepossible way to reduce your risk is to encourageyour client to negotiate with and engage other

consultants directly, rather than going through you,so that you don't become involved in the chain ofresponsibility. This also means that you cancontinue to help your client, and if issues arise,even offer to step in to help with a resolution.If you do need to engage other consultants, youshould make sure, wherever possible, that theterms of the engagement with your sub-consultantline up with the terms of your engagement withyour client. In other words, try to pass any riskissues down the line.

4. Consider implementing limits of liability

Clauses that limit your liability can operate asdefences to or restrictions on your exposure toclaims for breach of contract and negligence. Thesetypes of provisions can either eliminate or limit theclaims that your client could have against you.These clauses can come in a variety of forms,including:

· capping the amount of liability to either a

fixed amount, a percentage of the feesrendered, or even the total amount of feesrendered under the agreement;

· listing an amount recoverable under an

insurance policy; or

· fixing the period of time and/or the

amount of liability.

Limitation clauses of this nature need to becarefully drafted because Courts will interpretthem strictly, and against the interests of the partyrelying on the clause.

5. Ensure that you are properly insured againstall risks

You should review your insurance coverage toensure that your limits of indemnity and other riskissues are appropriately insured. Insurance extendsfrom professional indemnity insurance, coveringyou for design services, through to insurance thatcovers normal business operations. Check eachagreement you have with the client to make sureyou comply with your insurance obligations underthe terms of each agreement.

HopgoodGanim's Construction, Infrastructure andMajor Projects team has extensive experienceadvising on, negotiating and drafting effectiveconsultancy contracts. For more information,please contact us on 07 3024 0000.

Five tips for better consultancy contractingBy Adam Carlton-Smith, Partner, HopgoodGanim Lawyers

The contents of this paper are not intended to be a complete

statement of the law on any subject and should not be used as

a substitute for legal advice in specific fact situations.

HopgoodGanim cannot accept any liability or responsibility

for loss occurring as a result of anyone acting or refraining

from acting in reliance on any material contained in this paper.

0

5

2 5

7 5

9 5

1 0 0

D e c 1 0 _ 0 2 0

M o n d a y , 6 D e c e m b e r 2 0 1 0 1 0 : 4 5 : 1 0 A M

0

5

2 5

7 5

9 5

1 0 0

0

5

2 5

7 5

9 5

1 0 0

0

5

2 5

7 5

9 5

1 0 0

0

5

2 5

7 5

9 5

1 0 0

O c t - 1 0 _ 0 1 4 _ p r o o f

F r i d a y , 2 9 O c t o b e r 2 0 1 0 1 0 : 4 6 : 4 5 A M

The Building Designer No.163 December 201024

COMMERCIAL BUILDINGS DISCLOSURE

The new National Commercial Building Disclosure

(CBD) program for existing commercial building stock

commenced on 1 November 2010.

The commercial building sector accounts for around

10 per cent of Australia's total greenhouse gas

emissions.The CBD program is designed to improve

the energy efficiency of Australia's large commercial

buildings.The program requires the energy

performance of a building to be disclosed with

consistent and comparable information, making it

easier to purchase or rent energy efficient office

space. Better performing buildings may also be

rewarded with better market returns as they are likely

to be more attractive to buyers and tenants.

The CBD program has been developed by the

Australian Government in consultation with industry

stakeholders and government agencies. On 1 July

2010, the program was enacted in the Building Energy

Efficiency Disclosure Act 2010.The Act provides a

transition period for compliance during the first

twelve months of the program.

From 1 November 2010, sellers and lessors of

commercial buildings with a net lettable area of office

space of 2000 square metres or over will be required

to obtain and disclose an up-to-date energy efficiency

rating.This is achieved by obtaining a Building Energy

Efficiency Certificates (BEEC) that must include, a

National Australian Built Environment Rating System

(NABERS) Energy star rating for the building (rated

from zero to five stars); a lighting assessment of the

relevant area of the building; and general energy

efficiency guidance.The certificates will be valid for 12

months and will be prepared by an accredited

assessor.

To assist with implementing this new requirement,

sellers and lessors can take advantage of a one year

transition period by obtaining a NABERS Energy

rating only, until 31 October 2011. However, from 1

November 2011 a full BEEC will need to be obtained

and disclosed.

The CBD program will also require sellers and lessors

to register their BEEC online where it will be available

to the public. In addition, a NABERS Energy star rating

must be included in any advertisement for the sale,

lease or sub-lease of the office space.

Newly constructed commercial office buildings

(where the certificate of occupancy has been issued

less than two years ago) will not be affected by this

program.There are some exceptions and exemptions

that may also apply for particular buildings.

The CBD program is managed by the Australian

Government through the Department of Climate

Change and Energy Efficiency. Further information on

the requirements of the program, including finding

an accredited assessor, can be found at

www.cbd.gov.au.

National Commercial Building Disclosure requirements

0

5

2 5

7 5

9 5

1 0 0

D e c 1 0 _ 0 2 6

T u e s d a y , 7 D e c e m b e r 2 0 1 0 1 1 : 2 7 : 5 1 A M

Want a negative carbon footprint?Have ours.Weathertex puts sustainability and durability at the forefront of all its products. Weathertex works to ensure the raw timber for the production of its reconstituted

natural hardwood is sourced from local sawmill tailings, thinnings and sustainably

managed forests.

No old growth hardwood is ever used, so the sourcing of our timber has minimal

environmental impact and avoids depletion of our natural resources.

All hardwood sourced for the production of Weathertex products comes from local

new growth forests within 150 kilometres of the site.

The trees used to produce Weathertex cladding have sequestered sufficient carbon

dioxide during their growth to counter any carbon dioxide equivalent emissions

produced at the Weathertex factory during its manufacture.

Weathertex’s timber product is the only product of its kind in the world. Weathertex is an all-natural product produced from 100% sustainable new growth

Australian hardwood in an ISO 9001 certified process: 97% hardwood, 3% natural

wax and no chemical additives, artificial glues or binders.

1800 040 080www.weathertex.com.au

Weathertex Pty Ltd ACN 084 713 986