THE
DESIGNER No. 160, April 2010
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building designers association of queensland inc.
building designers association of the northern territory
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Honour State President 1990 - 1991 1991 - 1992 1992 - 1994 1994 - 1996 1996 - 1997 1997 - 1999 1999 - 2001 2001 - 2003 2003 - 2006 2006 - 2008 2008 -
Board
building designers’ association of queensland inc.
Chris Raymond Jim O’Leary Adrian Pooley Keith Ratcliffe Russell Meikle Russell Brandon Phillip Buchanan Peter Nelson Jeff Osman Max Slade Greg Pershouse
Life Member 1992 1992 1994 2000 2000 2008 2008 2009
Jim O’Leary John Hooker Adrian Pooley Jeff Osman Russell Brandon Glen Place Bert Priest Phillip Buchanan
Fellow 2009 2009
Stephen Kidd Chris Vandyke
Honorary Member 1999 1999 2003
Margaret Hooker Meryl Pooley Barb Priest
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Editor Russell Brandon
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EDITORIAL
Editorial Coordinator Kerrianne Sheppard Phone: 07 3889 9119
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COVER STORY
Advertising Enquiries Russell Brandon Phone: 07 3889 9119
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2010 QLD NATIONAL DESIGN AWARD FINALISTS
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HOPGOODGANIM LAWYERS
Feature Writer Jess Hanrahan
Family friendly design
Fair work reform
Art & Design Jon Walsh Printer ABC Printing Publisher Building Designers’ Association of Queensland Inc. PO Box 651 STRATHPINE, QLD 4500 Phone: 07 3889 9119 Fax: 07 3205 1078 Email: admin@bdaq.com.au Web Site: www.bdaq.com.au
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Vice President Colin Roe Phone: 07 3203 7045 Email: colinroe@bigpond.com Secretary Arthur Martin Phone: 07 4662 1403 Email: arthur@martindesign.com.au Treasurer Ian Darnell Phone: 07 4661 3714 Email: darnell@nspire.com.au
DESIGN FEATURE Contemporary private home
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BDAQ 20th ANNIVERSARY DINNER
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DESIGN FEATURE
BDAQ EXECUTIVE President Greg Pershouse Phone: 07 4151 8350 Email: greg@designgp.com.au
CERTCON Sustainable Planning ACT Shedule 4 explained
Cardigan street project
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ADVERTISING FEATURE Planned Professional Risk Services
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DESIGN FEATURE Maximum ocean views
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2010 AUSTRALIAN TIMBER DESIGN AWARDS
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Northern Vice President Brad Owens Phone: 07 4772 4205 Email: bowe6163@bigpond.net.au Central Vice President Glen Place Phone: 07 4942 1316 Email: glen@placedesigns.com.au
CONTEMPORARY PRIVATE HOME
Mid-coast Vice President Steve Claridge Phone: 07 5445 7434 Email: steve@claridge.net.au Southern Vice President Stuart Osman Phone: 07 5520 3022 Email: stuart@sobd.net Technical and Education Director Steve Gray Phone: 07 4124 0600 Email: hbdg@bigpond.net.au Executive Director Russell Brandon Phone: 07 3889 9119 Email: admin@bdaq.com.au
All information in this publication is provided in good faith but on the strict understanding that neither BDAQ nor the editor nor any other persons contributing to or involved in the
THE
DESIGNER No. 160, April 2010
r.r.p. $5.95
publication shall incur any liability whatsoever or howsoever arising (including but not limited to liability for negligent misstatement) in respect of such information and all liability arising either directly or indirectly as a
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consequence of the use or reliance upon any 95
advice, representations, statement, opinion or conclusion expressed in this publication is, to
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the extent permitted by law, expressly disclaimed. Copyright (c) 2010 Building Designers' Association Queensland Inc. and its licensors. All rights reserved.
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building designers association of the northern territory
Cover: Family Friendly Design - Mercury Design,p5
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The Building Designer No.160 April 2010
April2010_004_FINAL_AMMENDMENT Friday, 30 April 2010 9:10:21 AM
Queensland is about to adopt the six-star energy efficiency requirements from the 2010 update of the Building Code of Australia. BDAQ has been heavily involved in assisting the Queensland Government to develop some minor modifications to how Queensland will implement the six-star energy equivalence. The Minister for Infrastructure and Planning, Hon Stirling Hinchliffe, hosted forums in Cairns and in Toowoomba during April to identify ways to ensure that the implementation of six-star requirements will work effectively with the great Queensland lifestyle. As BDAQ executive director, I was lucky enough to be invited to speak at both forums and was able to get the message across that six-star equivalence can work with good design to produce positive outcomes for Queenslanders. The new provisions will be implemented through the Queensland Development Code (QDC) MP4.1 which takes effect on 1 May 2010.
Some key issues that BDAQ believes will make six-star more appropriate for Queensland have been adopted in the QDC. The optional star credit for outdoor living areas has been retained and will be extended to cover all Queensland climate zones. This was an issue some of our South West branch members asked us to pursue. A further optional credit has been added for the installation of appropriate photovoltaic systems. BDAQ research has found that in most of Queensland's climate zones, a house designed using good passive design principles will fail to achieve six-star equivalence due to winter heating loads while achieving surprisingly good results for cooling loads in summer. The optional credits will allow the positive benefits of good passive climate response to work to keep the house cool in summer. A significant concern has been threat that six-star equivalence posed to construction using elevated floors. With the availability of flat land shrinking in many areas of Queensland it was feared that the new requirements would increase the use of inappropriate cut and fill on sloping sites.
The QDC has recognised this as a problem and allows the use of the 2009 BCA deemed to satisfy provisions when used with an optional star credit as an acceptable solution. We congratulate Minister Hinchliffe and Building Codes Queensland for taking steps to ensure that the promised implementation of sixstar provisions remains appropriate for Queensland. On a lighter note, what a great night we all had at the 20th Anniversary Celebration Dinner in March. There is a report of the festivities later in this issue. We are also about to embark on the national conference at Twin Waters Resort (commences 6 May). If you are reading this as soon as it arrives in your mail box, you probably still have a chance to register. If not and you have not already registered, we are sorry that you missed another fantastic event.
Russell Brandon
For professional building design and documentation look for one or more of these logos when you choose your building designer MEMBER
CHARTERED MEMBER
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The Building Designer No.160 April 2010
April2010_005 Friday, 23 April 2010 9:41:55 AM
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Climate control starts here
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COVER STORY
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FAMILY FRIENDLY DESIGN
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The Building Designer No.160 April 2010
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COVER STORY
Located in the hub of New Farm is this stylish executive home from Ben Hennig of Mercury Design. Situated on a small lot, the home combines modern design with family friendly concepts, creating a spacious and inviting atmosphere perfect for entertaining or relaxing. Modern materials and functional design ensure the home caters for every lifestyle and the attention to detail of the facade lends an enduring street appeal and aesthetic favour above the surrounding neighbourhood. An external black and white colour scheme gives the dwelling a modern and unique identity while a mixture of modern lightweight cladding solutions was used to integrate the contemporary dwelling into the character of the streetscape. Angled roof struts provide a point of interest in support of the feature awning. Thimber and manicured landscaping combine to create a tranquil garden retreat. The master suite includes a private retreat overlooking these landscaped areas below.
All rooms throughout the residence are large and expansive with a series of voids incorporated in the open plan areas to help increase the sense of volume. The lower floor living areas become one fluid space joining the living, kitchen and outdoor areas creating an ideal setting for entertaining guests.The main living areas are versatile and generous, with all amenities needed to cater for a growing family.
The home exemplifies a tranquil retreat within a bustling city setting achieved through pristine lineal design, intricate features and hints of Asian influence.
Ben Hennig Mercury Designs 1300 133 917 info@mercurydesign.org
Internally, a simple and natural colour scheme creates a clean, calm ambience throughout the home. The living spaces remain family friendly while adding some fun to the space. Simple clean lines create generous and vibrant bathroom areas with continued functionality and modern appeal.
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The Building Designer No.160 April 2010
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COVER STORY
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The Building Designer No.160 April 2010
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NATIONAL DESIGN AWARDS
2010 National Design Awards Queensland Finalists
BDAQ has a record 17 finalists in the 2010 National Design Awards. The awards, which will be presented on Saturday evening, May 8, are part of the National Conference at Twin Waters resort, Sunshine Coast.
Chris Vandyke Designs Residential buildings over 450 sqm
Norman Richards Building Design Residential buildings up to 250 sqm
Mercury Design Residential buildings 251 - 350 sqm
Osman Designpac Residential alterations and additions less than $200 000.
kidd + co. Designners Residential alterations and additions less than $200 000.
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Reitsma and Associates Residential buildings 351 - 450 sqm
Reitsma and Associates Small lot housing
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The Building Designer No.160 April 2010
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NATIONAL DESIGN AWARDS
Kidd + Co. Designers Low density multi-residential
Andrew McKellar Design High density multi-residential
Brad Read Design Group Multi-residential medium or high rise
Kidd + Co. Designers Commercial buildings
Buck Design Industrial buildings
Latemore Design / Mercury Design Public buildings & special projects
Brad Read Design Group Commercial Interiors
Chris Clout Design Residential Interiors
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Paul Clout Design Environmental & Energy Efficient
Joanne Galea Student
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The Building Designer No.160 April 2010
April2010_011 Wednesday, 24 March 2010 2:14:28 PM
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FAIR WORK ACT
Fair Work reform: the new safety net, unfair dismissal and general protections By Jessica Paten, HopgoodGanim Lawyers The Fair Work Act has completely rewritten all aspects of the federal industrial relations system. This article looks at two of the most important areas of reform - the new federal safety net of terms and conditions of employment, and the unfair dismissal and general protections jurisdictions. For the most part, these reforms began operating in two phases. The new unfair dismissal laws and general protections provisions began on 1 July 2009, while the new federal industrial safety net began operating on 1 January of this year. National Employment Standards The new federal safety net commenced on 1 January 2010 and is made up of 10 National Employment Standards (NES) and modern awards. The NES is designed to provide all federally-regulated employees with a safety net of minimum conditions of employment, and is broader than the safety net that previously applied. Aspects of the NES which are new include: the introduction of the right to request flexible working arrangements for certain employees with parental responsibilities; doubling of the unpaid parental leave entitlement; the introduction of unpaid community service leave; statutory redundancy pay entitlements; and
a requirement that all new employees be provided with prescribed information about the federal industrial relations system in the Fair Work Information Statement. The NES also prescribes minimum annual and personal (sick and carer's) leave entitlements, and paves the way for the eventual introduction of a standard national long service leave entitlement. While some of the detail of each of these entitlements has changed, in substance they reflect what most employers will have been working with since March 2006.
An example of a modern award applicable on an occupational basis is the new Architects Award, applicable to “employers of architects throughout Australia” in any of the work classifications regulated by the award. An example of an award applicable to a particular industry is the new Building and Construction General On-Site Award. For some workers and their workplaces, one or more modern awards will now apply where no award has applied before. There is even a new Miscellaneous Award intended to cover some workers who otherwise would have fallen outside the new award safety net.
FLOOR PLAN
The NES cannot be altered to an employee's detriment and will supersede pre-existing industrial arrangements. If you have not reviewed the terms and conditions of employment provided to your workers against the NES, it is important that you do so. Non-compliance with aspects of the NES could lead to prosecution for a civil penalty of up to $33,000 per breach. More information about the NES is available from Fair Work Australia's Website at: http://www.fairwork.gov.au/Payleave-andconditions/Conditions-ofemployment/Pages/NationalEmploymentStandards.aspx?role=employees Modern awards Modern awards began on 1 January 2010. There are 122 awards in total, and they are designed to replace more than 4000 federal and state awards that previously operated in the federal system under Work Choices. Modern awards operate across particular industries and/or occupations and, in the areas they cover, establish minimum conditions for employees in addition to the NES. As well as other requirements, they prescribe minimum wages, overtime and penalty rates, working hour arrangements, and, in some cases, annualised salary arrangements.
Except for wage rates, modern awards do not override the operation of statutory workplace agreements that were in force as at 1 January of this year, such as collective agreements, Australian Workplace Agreements and Interim Transitional Employment Agreements. However, award base rates of pay will prevail over any lower pay rates provided for in such agreements. Complex transitional arrangements are in place, which phase in modern award wage and penalty rates from 1 July 2010. However, most modern award terms are operational now. If you have not already considered modern award coverage for your workplace, you should do so as soon as possible or risk facing penalties for non-compliance or claims for unpaid or underpaid wages. You can access more information about modern awards and their effect on your workplace at: http://www.fairwork.gov.au/Payleave-andconditions/Awards/Pages/Mode rn-awards.aspx?role=employees
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Unfair dismissal The federal unfair dismissal laws changed on 1 July 2009 to achieve a number of objectives, including broadening the
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The Building Designer No.160 April 2010
April2010_012 Monday, 22 March 2010 10:57:25 AM
FAIR WORK ACT
application and availability of the unfair dismissal jurisdiction. Most notable was the removal of the exemption for businesses with 100 or fewer employees. According to some reports, this alone gave three to four million employees access to the unfair dismissal jurisdiction, where they previously had no access under Work Choices. Although subject to a series of exceptions, under the Fair Work Act employees are protected from unfair dismissal if: they have completed a minimum period of employment; and they are covered by an award or enterprise agreement or, if they are award or agreement free, their annual rate of earnings is less than the high income threshold of $108,300 (indexed annually). For a small business (with fewer than 15 full-time equivalent employees), the minimum period of employment is 12 months. For all other businesses, it is six months. Unless one of the exceptions applies, an employee will have been unfairly dismissed if: they were dismissed outside the minimum period of employment; the dismissal was “harsh, unjust or unreasonable”; and the dismissal was not a case of genuine redundancy. Special simplified rules have been prescribed for small businesses. An employee of a small business will not have been unfairly dismissed if their employer can show that they followed the Small Business Dismissal Code. You can download a copy of the code from: http://www.fairwork.gov.au/Ter mination-ofemployment/Pages/SmallBusiness-Fair-Dismissalcode.aspx?role=employers
As has been the case under previous unfair dismissal systems, the primary remedy available is reinstatement, although compensation of up to 26 weeks pay will be awarded to a successful applicant where reinstatement is inappropriate. General protections The Fair Work Act introduced a range of workplace protections for workers. Called “general protections”, the protections, among other things, incorporated and streamlined the unlawful termination and freedom of association provisions under the old regime. Under these provisions, protection is afforded to: various workplace rights; industrial activity; other rights including protection from unlawful discrimination and dismissal during a temporary absence due to illness or injury; and sham contracting arrangements. The most significant change has been the introduction of the concept of workplace rights and the ban on taking adverse action against another person because they have a workplace right; have or have not exercised a workplace right; propose or propose not to exercise a workplace right; or to prevent them from exercising a workplace right. The definition of “workplace right” is extremely broad and, for instance, could apply to circumstances where an employee or contractor has made an enquiry or placed a complaint with their employer, principal or union representative about their entitlements under an award or agreement, or about occupational health and safety matters. “Adverse action” is also broadly defined. While it will include a dismissal, it will also extend to
any other detrimental treatment of a worker. A reverse onus of proof applies to the general protections provisions, which means that if an employee alleges that an employer has taken adverse action against them for a prohibited reason, then it will be presumed that the employer has done so, unless they can prove otherwise. In essence, once an allegation has been made, employers are presumed guilty unless they can prove they are innocent. A breach of the general protections provisions can expose an employer to liability to pay unlimited compensation along with substantial civil penalties. Where the breach involves a dismissal, the Federal Court can also order reinstatement. What does this all mean for me? If employers aren't aware of their new obligations, particularly under the expanded federal safety net, they are behind the eight ball and should take steps to learn about these changes. By failing to do so, employers risk finding themselves at the wrong end of a wages claim or prosecution by the federal regulator.
There are many ways that you can get on top of your obligations. The Fair Work Ombudsman operates a Fair Work Infoline (phone 13 13 94). Otherwise, many employer and industry associations publish helpful information which is available to their members. If you're still in doubt about your obligations, we recommend you seek expert legal advice. For more information, please contact HopgoodGanim's Industrial and Employment Law team.
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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.
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The Building Designer No.160 April 2010
April2010_013 Monday, 22 March 2010 10:58:00 AM
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CERTCON
Sustainable Planning Act - Schedule 4 explained. by Darryl L O’Brien, partner Certcon The introduction of the Sustainable Planning Bill 2009 (SPA) last December represented an evolution in planning legislation that sought to refine and improve development assessment in Queensland. So far the roll-out of the new legislation seems to have caused relatively few problems, with the exception of the implementation of Schedule 4 of the Sustainable Planning Regulations. For those unaware, Schedule 4 provided a mechanism whereby the assessment of Class 1a detached dwellings, Class 10a garages and Class 1a duplex dwellings would no longer be assessable against planning scheme provisions but only the applicable Queensland Development Code. Briefly, provided the building satisfied the following criteria, no local authority planning assessment was permitted;
The use involved a residential use in a residential/ zone,
The development was not self assessable under a planning scheme,
No overlays applied to the site. In an attempt to retain development control on these types of development, councils have developed a number of approaches to frustrate the application of Schedule 4, including;
Introducing amenity and aesthetic resolutions in accordance with Table 1, Part 17, Schedule 7 of the Sustainable Planning Regulations by declaring that such development would “have an extremely adverse effect on the amenity, or likely amenity of the locality;, or be in extreme conflict with the character of the locality”, or
Claiming that existing overlays, regardless of whether they were applicable to these forms of development, removed the exemptions provided under Schedule 4. In each case the effect has been to introduce further uncertainty to the development application process, increasing frustrations that the Act was intended to alleviate. Notwithstanding council's attempts to wrest development control back, a broader question I feel should be considered is; do building designers wish duplex developments to be lightly regulated as is intended by Schedule 4? This has further relevance when one considers the amendments to the Building Act that took effect 1 January 2010, specifically the new Chapter 8A, Part 2
– Provisions to support sustainable housing. Briefly, these provisions are informally titled “ban the banners” and seek to remove estate covenant restrictions that allegedly curb sustainable building features. Such restrictions include, but are not limited to;
Colour or material limitations, Minimum floor areas, Minimum number of bath/bed rooms, Requiring landscaping, fences or turf to be provided prior to occupancy Without denying the validity of some of these amendments, the law of unintended consequences suggests that the concurrent application of both pieces of legislation could lead to poor design outcomes, with one council planner noting that they have received investor enquiries about the possibility of purchasing up to six consecutive blocks and building 'affordable' duplexes in estates where the existing built form and character comprises detached dwellings. Whilst I firmly believe in less rather than more regulation, I feel that these particular pieces of legislation have been poorly considered and implemented and will inevitably lead to developer delays, frustrations and poor design outcomes. So is there a solution to these problems? I firmly believe that the approval of duplexes should be self-assessable development. For this to occur, coherent development codes must be adopted with quantifiable (measurable) performance requirements and comprehensive acceptable solutions. It is not good enough to have codes that state 'no acceptable solutions identified' or performance requirements that require, for example 'buildings do not have a bulky appearance having regard to – scale, proportion and rhythm' as such situations will ultimately make development de facto code assessable with the council the sole arbitrator of such vague design interpretations. Is such a request to hard? I don't think so when one considers performance documents such as the Building Code of Australia or the Queensland Development Code that consistently deliver timely cost effective outcomes for the industry. Although the argument may be made that it is too difficult to reduce highly subjective matters such as building design to qualitative values, this to me proves that design should be removed from planning schemes, where it should never intruded in the first place and be left to the people who know best, professional building designers.
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Helping build your future 77 Barolin Street, Bundaberg Ph (07) 4150 1500 Fax (07) 4151 5650 PO Box 1115 Bundaberg, QLD, AUST 4670
April2010_018 Tuesday, 20 April 2010 1:40:57 PM
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DESIGN FEATURE
CON TEM TEM POR CONTEMPORARY POR ARY privateCON home ARY
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The Building Designer No.160 April 2010
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DESIGN FEATURE
Located in the tranquil setting of Reedy Creek on the Gold Coast is “Nash Residence� from Robert King. The home maintains a strong essence of privacy while maximising views of the nearby bush reserve.
the entertaining deck. This not only provides a link for spectacular outdoor living, but allows high level windows and louvres to be positioned to for northern light to flood the lounge whilst removing hot air from the interior space.
With good separation required between the children's and parents’ zones, the lounge is placed centrally to act as a buffer. The master retreat section includes the master bedroom with walk-in robe and ensuite, as well as a private balcony located above the garage. The children's bedrooms and utility areas are located on the opposite side of the home, all with easy access to the main living/entertaining zones.
The kitchen and dining section is designed to function as an indoor/outdoor space, with doors opening out to a second deck area overlooking the other. These living and entertaining areas open out onto each other on the northern side, making them useable all year round in the subtropical coastal climate.
The main outdoor entertaining deck and plunge pool are placed central to the living hub to act as a water feature for this space when not in use. For all of this to be generally on the same level, the outdoor area had to be built up. This was achieved by using precast concrete panels as retaining walls/fencing which were then rendered to match the house. The added benefit in raising this area was the privacy achieved by being above the road. A raked ceiling adds further enhancement to the living pavilion, extending as a flyover roof out over
Passive solar design has been enhanced by allowing the lower winter sun angles to penetrate deep into the home through extensive glass which extends to the floor level. All living areas of the home receive an abundance of natural light minimising the need for artificial lighting during the day. A mix of metal, wood and stone has been used in the exterior skin of the home to enhance the articulation of the facade. Staggered skillion roof forms combine with this mix of cladding to provide a striking contemporary built form.
Robert King King Design Service 07 5533 8531 kingdesignservice@bigpond.com
The ho while max
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The Building Designer No.160 April 2010
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DESIGN FEATURE
home maintains a strong essence of privacy aximising views of the nearby bush reserve.
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The Building Designer No.160 April 2010
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20 YEARS OF BDAQ
20 Years of A
B D A Q
gala dinner,
relish the company of old friends,
help but be astounded by what the
marking the
reminisce and, of course, enjoy the
association has accomplished.
occasion of the
fantastic entertainment. Charlie
Coming from just a few designers
20th Anniversary of the Building
Chaplin, Marilyn Monroe and Dame
getting together to fight for what
Designers' Association of
Edna were all there to ensure the
they believed in, to the over 500
Queensland, was held at the Sofitel
evening was never dull. The band
member strong association that
in Brisbane on 6th March 2010. The
and dancers were thoroughly
exists today is an achievement of
dinner was a celebration of, not only
entertaining.
the remarkable achievements of a
which each and every designer should be proud and one which was
group of building designers but also
But the evening was not just about
worthy of such an incredible night
20 years of friendship and
light-hearted fun; it was also a
of celebration.
camaraderie. It was simply fantastic
poignant reminder of all that has
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to have a night where there was no
been achieved in the last 20 years.
On 6th of March, building designers
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business to be done and no one had
Anyone who has perused the
came together, not only to
to nervously await the
“Mission Accomplished?”
remember what they did yesterday,
announcement of that coveted
commemorative edition of “The
but also to say “What shall we do
award. Instead, all could just relax,
Building Designer” magazine cannot
tomorrow…..?”.
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The Building Designer No.160 April 2010
April2010_018_FINAL_AMMEND Friday, 30 April 2010 10:02:46 AM
20 YEARS OF BDAQ
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The Building Designer No.160 April 2010
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DESIGN FEATURE
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CARDIGAN STREET PROJECT
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DESIGN FEATURE
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The Building Designer No.160 April 2010
April2010_022 Monday, 19 April 2010 11:22:59 AM
DESIGN FEATURE
C
ardigan Street Project is a three storey, four unit edifice from Osman Designpac.
Outstanding in design and
function, the units emphasise space and character while maintaining an element of style and privacy. Situated on a corner block, the structure is afforded views down to Moreton Bay and the Manly Boat Harbour, and incorporates design features and influences from its bayside location. The original design was for a two storey one bedroom dwelling with a high curved ceiling 8.5m above ground level, however the finished product includes a third upper level which houses the master bedroom, ensuite and walk in robe, achieving stunning water views. High level windows allow additional light to penetrate the space. Two car accommodation is afforded to the ground level which is comprised of the entry foyer and storage space, while the first floor houses the secondary bedroom as well as open plan living, kitchen and dining. Well appointed balconies extend from these areas and overlook the neatly manicured gardens below. Using a mixture of materials such as vertical timber slats, metal balustrading, corrugated iron features and extensive glass, a nautical feel is abundantly evident. This is further enhanced by the curved roof form, replicating the seaside feel of the boat harbour.
Jeff Osman Osman Designpac 07 3841 3200 jeff@osmandesign.com.au
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ADVERTISING FEATURE
What are the costs? With total premiums starting at just over $1,000 for small practices, our new facility is proving to be very competitive. This price includes a discount of at least $165 per year for members and you will not be charged any extra for attending our seminars or using our other risk management services. Do you have run-off insurance? If you cease trading or retire, Allianz can offer you a 7 year run-off policy from as little as $3,000. This is obviously general advice only and subject to change depending on your individual needs and circumstances.
DO YOU WANT MORE THAN JUST INSURANCE? Our Building Designers' Professional Indemnity Insurance Facility has been up and running for just over a year now. Thanks to your feedback we created a tailor made policy and services for members with very competitive premiums. To date, we have had excellent success with more and more members coming on board. What do you offer that is different to my current broker? Where you will notice the difference most is not in the day to day service, but in the comprehensive risk management services we offer. We don't just recognise that risk management improves your business, we assist you to do this by providing seminars at no extra cost to your practice. You may have seen us at the BDAQ roadshow last year or if not, we run regular group seminars all around Australia for our clients. For BDAQ members who choose to undertake the continuing education program, you will be eligible for CPD points by attending one of our seminars. In addition to seminars, our in house risk manager (who is also a qualified solicitor) offers members two contract reviews per year and unlimited access via email or telephone for your risk management or insurance queries. What about the policy coverage? The policy wording is offered by Allianz Australia Insurance Limited (Allianz) and is a comprehensive policy wording, comparative in quality to the best in the market. Allianz currently has an S&P rating of AA-/stable and is part of one of the world's largest global insurers. One of the policy benefits is the exclusive of costs deductible which is offered in most cases. This means that in the event of a claim you do not have to pay the deductible until judgment is awarded against you or the claim is commercially settled and a payment is made to the claimant. Contrast this to an inclusive of costs excess, which you will need to pay upfront, each and every time regardless of whether there is any finding of negligence or breach of professional duty.
Why are discounts only given to Members? Our facility was created to support the Building Designers Association and its members and as such, is offered exclusively to building designers. Who is Planned Professional Risk Services? Our company specialises in professional indemnity insurance for designers and this has been our core business for over 30 years. We have been providing our risk management services to our clients over the last 10 years and continue to grow the selection of seminars on offer. Our expertise in the professional indemnity insurance industry has been recognised for many years via endorsements from numerous associations including; the Australian Institute of Architects, Australian Institute of Quantity Surveyors, Consult Australia (formerly ACEA) and now our proud association with the BDAA. Our industry recognition is largely due to the additional services we offer. With branches in Melbourne, Sydney, Brisbane, Adelaide and Perth we are able to assist building designers Australia wide. In conjunction with our professional indemnity insurance, we also have a general insurance department to take care of your public liability, office insurances and other general insurance requirements. How do I get more information? If you have any questions about the facility, our services or policy being offered, please do not hesitate to contact us for assistance. Planned Professional Risk Services melbourne@professionalriskservices.com.au Phone: 03 8508 5400 sydney@professionalriskservices.com.au Phone: 02 9957 5700 brisbane@professionalriskservices.com.au Phone: 07 3846 4956
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adelaide@professionalriskservices.com.au Phone: 08 8363 7366 perth@professionalriskservices.com.au Phone: 08 9261 1200
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The Building Designer No.160 April 2010
April2010_024 Friday, 26 March 2010 11:32:54 AM
ADVERTISING FEATURE
STRATEGIES FOR CONTROLLING RISK Global financial crisis or not, managing risk in a declining market is just as important as managing risk in a buoyant one. Traditionally claims against professionals increase when there is a downturn, as clients look for avenues to recover financial losses. It is still too early for the financial crisis to show any impact on claims, but never too late to put some risk management strategies into place to address practicing in uncertain times. Think twice about reducing your limit of indemnity The temptation to reduce your limit of indemnity in order to save costs is probably greater now than it has ever been. You must however remember that professional indemnity insurance is “claims made and notified” insurance and the policy that responds to a claim is the policy that is in place at the time the claim is made and notified. In our experience claims arising from professional design services tend to manifest themselves many years after the actual services have been provided. You do therefore not want to have less cover available in subsequent years, after projects which demanded a higher level of insurance have been completed and when the claims environment is more volatile. Where possible, avoid engaging sub consultants There will be some clients, who may take the opportunity of a downturn in the economy to shift risk on to you by requiring you to engage other specialist consultants directly. When you engage other consultants you become contractually liable for their errors. We often see that the only basis for claims being made against professionals is the engagement of sub consultants. Your engagement of other consultants not only increases your risk but also the costs of your professional indemnity insurance, as the fees you earn from sub consultants must be disclosed and claims in respect of your sub consultants adversely affect your claims history. The best option is to therefore avoid engaging sub consultants. Check your sub consultancy cover Do not assume that your policy covers you for your sub consultants' liability. Some policies do not provide such cover; others limit the cover to other consultants in the same profession as you. Most professional indemnity insurance policies contain broad exclusions in relation to asbestos and building work, so do not engage asbestos or building sub consultants. Don't forget to check that your sub consultants have insurance cover too.
in your professional indemnity policy, which could lead to uninsured losses, for any amount falling outside the limitation. Update your documents If you are finding yourself with spare time, then spend some of that time updating your consultancy agreements, standard documents and procedures. Particularly check that your agreement has a termination clause in the event that your client does not pay your invoices. The last thing you want is to have no contractual right to terminate when the client is not paying you. Sometimes the best risk management strategy in this situation is to terminate the agreement and cut your losses. Appreciate clients are under stress too With commercial funding drying up and projects being put “on hold” or folding, be aware that your clients are likely to be under stress and you may be a soft target for them to express their frustrations. How you deal with clients to allay their fears is crucial. Having a good bedside manner will be important. Appreciate that clients may complain to you about issues that are not your responsibility; placate your clients as best you are able, before the complaint is directed at you. Don't sign certificates for financiers You may find that your clients are asking you to sign certificates or other documents produced by their financiers. Providing certificates to nervous financiers is not prudent; all you are doing is exposing yourself to a claim by the financier in the event that the development folds. It also goes without saying that making any statements about budgets, costs and the viability of project, no matter how qualified, is also not prudent in today's economic climate. Be aware that some polices actually exclude cover for such advice. Partial services You may start to find that clients, in order to cut costs, will start to reduce the type and amount of services you provide. Your continued involvement in a project not only makes commercial sense but is also often the best way of minimising risk. Whenever a client requests reduced services, seize the opportunity to sell the value of your input in the project to deal inconsistencies, discrepancies and queries that will inevitability arise. Whenever you are providing partial services it is important to clearly identify “included” and “excluded” services. Explain to your clients what their responsibilities are when your services are reduced and price additional services appropriately to reinforce the message.
Use your own sub consultancy agreements We often find that the process of engaging sub consultants is treated all too lightly. Bearing in mind the liability that attaches to the engagement process, having a clearly defined sub consultancy agreement is paramount. Please do not rely on an exchange of letters. Ideally your sub consultancy agreement should mirror your agreement with your client.
Choose your clients wisely The old saying “Don't put all of your eggs in one basket” applies to your client base. Having a broad selection of clients in different types of industries will help to recession proof your practice. Also spend some time vetting new clients to make sure that they are a good match for your practice.
Don't let your sub consultants limit their liability If you agree to a sub consultant limiting its liability to a monetary amount or to a period of time you are likely to activate the waiver of rights exclusion clause
Helen Johannsen Risk Manager – Queensland and Northern Territory Planned Professional Risk Services
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The Building Designer No.160 April 2010
April2010_025 Tuesday, 23 March 2010 12:34:54 PM
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ENDORSED SUSTAINABLE BUILDING DESIGNER
You can become an Endorsed Sustainable Building Designer! BDAQ is discontinuing the national EcoDesign Smart Program but will be launching the new ENDORSED SUSTAINABLE BUILDING DESIGNER program. Members who have completed the EcoDesign Smart program will be issued with new certificates so that all those committed to the program can be appropriately promoted. There are still a few subsidised places available for in the courses at Mackay in May and Gympie in June so if you would like a $250 rebate on the course fees, you need to contact the BDAQ office (07 38899119) quickly to reserve your place. Consumers should look for the logo below when seeking the services of a building designer specifically trained in sustainable design.
ENDORSED Sustainable Building Designer
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April2010_026_proof Friday, 23 April 2010 4:29:46 PM
DESIGN FEATURE
ocean views
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‘K Residence’ by Trevor Reitsma is a home of modest elegance located at Sunshine Beach, designed to maximise ocean views while amplifying space and luxury living.
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The Building Designer No.160 April 2010
April2010_027 Friday, 23 April 2010 3:38:33 PM
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DESIGN FEATURE
W
ith an understated and minimal external appearance, emphasis on horizontal lines is a key feature of the facade. The long and steep vehicle entry ensures safety from the busy road frontage and minimises the use of stairs within the residence.
Ocean views are captured from the second level living areas, master suite, pool and flawless rooftop garden. The pool is readily accessed from the main living areas on the upper level, while a flat lawn area can be directly accessed from the childrens’ rooms is provided below.
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Trevor Reitsma Reitsma & Associates 07 5491 6834 info@reitsma.com.au
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The Building Designer No.160 April 2010
April2010_028 Friday, 23 April 2010 3:48:31 PM
DESIGN FEATURE
Suspended slab construction throughout allows the home to be positioned as high as possible on the site, while ensuring height limits are adhered to. The use of oversized commercial glazing between suspended slabs allows for an uninterrupted outlook, capturing the eastern ocean views, as well as providing sufficient northern light filtering through the home. A retractable glass screen system was also integrated into the design to allow protection from the elements without compromising the external appearance or outlooks.
Water remains a constant theme throughout the home with open tread stairs inviting guests upward to the elevated pool area. Expansive ocean views provide the perfect backdrop for the residence through the use of oversized frameless floor to ceiling glazing, creating a seamless transition between indoor and outdoor living.
Guests ascend to be greeted by a breath taking panoramic view of tranquillity and freedom. A flawless masterpiece, ‘K Residence’ encompasses the perfect blend of functional design for the tropical Queensland lifestyle, as well as the style and sophistication expected of the area.
The rooftop garden is perhaps the most outstanding feature of the design; accessed by a semi concealed half flight of stairs.
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The Building Designer No.160 April 2010
April2010_029 Friday, 23 April 2010 4:00:23 PM
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TIMBER DESIGN AWRDS
2010 Australian Timber Design Awards The Australian Timber Design Awards (ATDA), now entering the 11th year of competition, is proud to announce that entry for 2010 is now open. Following the success of last years Regional Awards and the introduction of an electronic entry process we are continuing to upgrade the range and scope of the competition as we also improve the entry process. This year entry will be through a web upload facility, contained within the ATDA web site www.timberawards.com.au , with all entry conditions, payment options and requirements clearly set out. Once a completed entry form is submitted a return email will give the entrant access to the web upload submission facility were all details can be simply loaded; the only additional requirement will be the supply of high res images which will need to be forwarded to the ATDA organising committee by USB or CD as soon as possible after the submission has been completed. Our aim is to make entering as easy as possible and to give as many of the built environment professionals a chance to win one of the very prestigious awards, which is an experience to remember that has Architects, Building Designers, Builders and Engineers coming back year after year. For this year there will be 7 Primary entry categories, all building related, including a new category, Interior Fitout – Residential, and 2 divisions of Sustainable Design catering for both residential and commercial projects. There have been some changes made to the entry format for the Best Use of, Product, categories where the 8 individual awards now including a new category for Recycled Timber and an extra special category for Best Timber Joinery or Furniture Element has also been added. Along with these traditional timber use categories we have added a Peoples Choice award, which will be decided by a popular vote from the projects presented on the ATDA web site, and an International Projects Award, for Australian residents working overseas. There will again be regional presentations made in
Sydney, Melbourne, Brisbane and Perth, where all regional and product categories winners, depending on the number of individual regional entries received, will be announced, with the National winners presented at a gala timber industry event in Sydney on Friday 29th October. The competition is open to most sectors of the industry including architects, building designers, builders, engineers, in fact anyone who has a principal interest in the design and construction of a building that heavily features timber, either structurally or aesthetically. The ATDA is a joint partnership of the Timber Development Association NSW and Forest and Wood Products Australia which provides the major sponsorship through Wood. Naturally Better. ™ www.naturallybetter.com.au/ The Wood Naturally Better. ™ campaign is designed to increase education and awareness in the customer and construction communities to position wood as their preferred material of choice. This five year campaign has been developed as a way for the industry to highlight the role that wood plays in mitigating the effects of climate change in Australia. The campaign's purpose is to communicate to a range of audiences the features and benefits of choosing and using wood by highlighting its environmental, aesthetic, economic and 'architecturally smart' characteristics. For more details on the competition, entry format, conditions of entry, regional areas or to see who has won in past years go to www.timberawards.com.au
For more information please contact; The ATDA Coordinator, Mr.Ted Riddle. Tel 02 9981 1577 Email – tednoel@ozemail.com.au
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The Building Designer No.160 April 2010
April2010_030_FINAL Wednesday, 28 April 2010 9:49:14 PM
Win your share of $45,000 Weathertex 2010 Design Awards – for the most innovative use of Weathertex products in residential, non-residential and sustainability designs. The awards will be judged on the best design solution submitted from each of three categories: s¬ Best use of Weathertex, Residential design
s¬ Best use of Weathertex, Non-Residential design
s¬ Best use of Weathertex, Sustainablity design
Design projects can include renovations, extensions or new projects – any project that has been completed in the last 24 months.
First prize in each category WINS $10,000 cash Runners-up receive $5,000 cash
6 snaps or more to go in to the draw! (write us a little story too!)
You’re already a winner for building with Weathertex! Good luck! Enter online at: www.weathertex.com.au/2010designawards Entries close on Saturday 31 July 2010 at 5.00pm AEST * Terms and Conditions Apply. See website for details.
BDA EVENTS CALENDAR 2010 BDA NATIONAL CONFERENCE SUNSHINE COAST
BDAQ DESIGN AWARDS WEEKEND
TWIN WATERS RESORT, May 6-8 2010
Golf Day July 29 Awards Dinner July 30 Professional Development July 30
ENDORSED SUSTAINABE BUILDING DESIGNER PROGRAM
PROFESSIONAL DEVELOPMENT ROADSHOW
MACKAY May 21 - 22, 28 - 29 GYMPIE June 18 - 19, 25 - 26
Darwin Cairns Townsville Mackay Rockhampton
October 09 October 11 October 12 October 13 October 14
2010 2010 2010 2010 2010
Brisbane Gold Coast Toowoomba Sunshine Coast Bundaberg
October 18 October 19 October 20 October 21 October 22
2010 2010 2010 2010 2010
BRANCH MEETINGS Branches occasionally change meeting details. Please contact the branch if you are attending for the first time or haven’t attended for a while Far North Queensland: 5.30pm first Monday each month Contact: Rod Butland Ph 07 4051 9722
BDAQ online store now open!
Townsville: 12.00 noon first Tuesday each month Contact: Mark Hall Ph 07 4772 4626 Mackay: 6.00pm first Wednesday each month Contact: Naomi Otto Ph 07 4954 8452 Central Queensland: 5.30pm Second Wednesday, of these months: February, April, June, August & October Contact: Carolyn Ramsay Ph 07 4978 3171 Wide Bay: 2.30pm Second Wednesday of every third month Contact: Mark Alderton Ph 07 4157 7897 Sunshine Coast: 6.00pm second Wednesday each month Contact: Ian Gorton Ph 07 5447 5394 Brisbane North: 6.00pm third Monday each month Contact: Peter Latemore Ph 07 3356 9051 Brisbane South: 6.30pm third Tuesday of each month Contact: John Stones Ph 0449 132 821
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Ipswich: 5.30pm Fourth Monday of each month Contact: John Musters Ph 07 3282 7004 South West: 6.30pm fourth Tuesday each month Contact: Bob Steger Ph 07 4638 4766 Gold Coast: 6.30pm last Wednesday of each month Contact: Stuart Osman Ph 07 5520 3022
April2010_032 Tuesday, 20 April 2010 1:35:19 PM
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Just go to www.bdaq.com.au and click on the PURCHASE PRODUCTS button.
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