TECHNICAL INSIGHTS
TECHNICAL INSIGHTS The articles featured in Technical Insights are to prompt thought and discussion to assist our members' question and evaluate their understanding of the technical requirements of Australian Standards and other national/international source material. Technical Insights is intended to provide background information, a different viewpoint, a perspective from an individual with lived experience of disability or to prompt further discussion and/or research by you as an access professional.
Consultancy Agreements, should you sign them? by Howard Moutrie
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his issue is not so much a technical insight than a legal insight. Let’s start with some basic principles of law. A consultancy agreement is a contract. It provides a set of agreed terms by which you and your client should abide and should state each other’s responsibilities and expectations. You may have your own consultancy conditions but when dealing with larger clients, they will inevitably require you to use their conditions. These agreements tend to be a lot less biased towards the Client than they used to be, but they are still written in their best interest. Most tend to be pretty standard in format but the content of some of the clauses varies. The ACAA sought legal opinion on some of the more contentious issues to assist you in deciding whether you should sign these agreements. Certainly, you
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should not be afraid to request changes – I do so regularly, sometimes without a problem and sometimes with a fight. These opinions are of course general in nature, and you should seek your own advice on specific matters, but at least it will provide guidance.
INDEMNITY All agreements generally have a clause requiring the consultant to indemnify the Client. An example is provided below: Indemnity
The Consultant shall indemnify the Builder in respect of all claims, demands, actions, proceedings, costs, losses, expenses,
THE MAGAZINE FOR THE ASSOCIATION OF CONSULTANTS IN ACCESS AUSTRALIA
