The Building Designer by Building Design Queensland

THE

DESIGNER No. 163, December 2010

r.r.p. $5.95

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building designers association of queensland inc.

building designers association of the northern territory

Dec10_001 Monday, 22 November 2010 12:37:58 PM

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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Dec09_002 Wednesday, 20 January 2010 8:49:56 AM

Editor Russell Brandon

EDITORIAL

Editorial Coordinator Kerrianne Sheppard Phone: 07 3889 9119

COVER STORY

Advertising Enquiries Russell Brandon Phone: 07 3889 9119

DISABILITY STANDARDS 2010

Feature Writer Jess Hanrahan

BEDI LTD - PREVIEW OF 2011

Art & Design Jon Walsh

MEDIA RELEASE

DESIGN FEATURE

Printer ABC Printing Publisher Building Designersâ&#x20AC;&#x2122; 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

Indoor outdoor

Modern country appeal

BUILDING INDUSTRY REVIVAL FORUM

HOPGOODGANIM Five tips for better consultancy contracting

19 BDAQ EXECUTIVE President Greg Pershouse Phone: 07 4151 8350 Email: greg@designgp.com.au Vice President Colin Roe Phone: 07 3203 7045 Email: colinroe@bigpond.com

DESIGN FEATURE Low impact at Peregian Springs

DESIGN FEATURE Inner city living

LAST WORD

Secretary Arthur Martin Phone: 07 4662 1403 Email: arthur@martindesign.com.au Treasurer Ian Darnell Phone: 07 4661 3714 Email: darnell@nspire.com.au

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

DISPLAY HOUSE

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 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

building designers association of queensland inc.

building designers association of the northern territory

Cover: Lawson House SBT Designs, p5

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The Building Designer No.163 December 2010

Dec10_004 Friday, 10 December 2010 12:45:32 PM

THE QUEENSLAND INJURY

toddlers climbing balustrade

with low sills. Unfortunately, falls

surveillance Unit (QISU) reports that

components, toddlers climbing

through windows usually occur via

there are two children under five

balcony furniture (some that they

furniture or a fixture that can be

who fall from windows and four

move close to balustrade) and

climbed. Jumping on beds is a

more who fall from balconies every

toddlers falling through gaps in the

common prelude to kids falling

week in Queensland. The unit is

balustrade.

through windows.

asking for legislative support to reduce the incidence of the

This would also be difficult to

sometimes horrific injuries to the

regulate but QISU would like the

most vulnerable and precious people. Speaking to the Building Industry

new pool safety laws suggest that ... retrospective legislation is possible.

code to require windows where falls could be in excess of one metre to be louvres or be fitted with security screening or other types of guard.

Consultative Group, a key advisory committee to Building Codes

It's a tough issue to tackle but one

Queensland, QISU director, Dr Ruth

which does need designers to

Barker, said that falls range between

The matter of furniture on balconies,

consider during the design process.

1.5 metres and 6 metres and over

of course, is outside the scope of

It's easy to assume that better

50% of these children sustain head

building regulation and openings in

supervision would prevent falls but

injuries and some are fatal. She

balustrades are already regulated.

Dr Barker advises that it is simply

explained that toddlers are naturally

Two issues that can be regulated are

nor possible for parents to be in

top heavy and if they are able to

balustrade components which are

close supervision at all times.

lean over the top of a balustrade or

able to be climbed and balustrades

window ledge they are at a high risk

which were built before the current

This is a topic that will not be

of toppling over the edge head first.

code requirements came into effect

forgotten and now that swimming

with oversized openings.

pool safety laws are in place, falls

The BICG members all agreed that these statistics are unacceptable

from balconies and windows could The new pool safety laws suggest

easily be the next project. It could

and will be seeking solutions that

that where child safety is at stake,

be a subject suitable for BEDI

can work to reduce the incidence of

retrospective legislation is possible.

Research and Development to address.

child injury in and around buildings. The fact that children fall through There are three main mechanisms

windows appears to be easily fixed

for toddler balcony falls. These are

by not installing opening windows

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.163 December 2010

Dec10_005 Friday, 10 December 2010 12:46:52 PM

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DESIGN FEATURE

Designed by Ben Thornton of SBT Designs is â&#x20AC;&#x153;Lawson House,â&#x20AC;? a luxury family home that allows for the changing functions of a growing family. Located in the spectacular Sunshine Coast Hinterland at 100

Mount Cooroy, the residence stands as the ultimate show home with the latest home automation features.

DOOR inDOOR out

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The Building Designer No.163 December 2010

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DESIGN FEATURE

ith the home situated in an

location. The building has an

capacity as an entertainer's

organic appeal with the base

delight. The lounge space also

landscaping walls of stacked local

features a two way wood fire,

potential bush fire area, careful

stone. The porte-cochere uses

shared with the formal dining.

location of the building platform

recycled timber posts and beams

ensures the home is afforded

Outdoor rooms have been

as does the framed entry gate.

designed with soft gentle curves

environmental protection and

sweeping views of Coolum Beach and North to Tinbeerwah while limiting the environmental impact.

The building layout was formed

and spectacular views. Curved

around a central core living zone

terraces maintain flow through

with separate wings flaring from

of the building, providing a

this space. This allowed spatial

calming transition between each

An extremely large water storage

separation to be created between

space. The integration of indoor

area was created under the

the various zones. Acting as the

and outdoor spaces was

suspended concrete terrace by

crux of the home, the living core

achieved with the flowing of the

folding the building into the

offers great supervision over

water feature ponds and

ridgeline. All of the water

outdoor living which includes a

seamless glass panels

captured from the expansive

sweeping wet edge pool and

cantilevered into the water.

roof area is directed to this

cooking/entertainment area.

Natural elements of timber and

underfloor storage facility providing all water for home use as well as the additional capacity for irrigation purposes. Using a water garden entry

Cooking options in the home are

stone have been used to

designed for entertaining with

enhance the warmth and

the main kitchen slightly elevated

character of the building without

to offer a commanding view over

compromising the grandeur and

the dining space out to the views

elegance of the home.

extending into the home, the

beyond. The addition of a

design maintains a sense of peace

concealed scullery and wine

and tranquillity befitting its

cellar completes the home's

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Ben Thornton SBT Designs 07 5471 1162 ben@sbtdesigns.com.au

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The Building Designer No.163 December 2010

Dec10_008 Tuesday, 7 December 2010 3:28:17 PM

DESIGN FEATURE

The building layout was formed around a central core living zone with separate wings flaring from this space

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The Building Designer No.163 December 2010

Dec10_009 Tuesday, 7 December 2010 3:29:37 PM

DISABILITY ACCESS

Disability (Access to Premises – Buildings) Standards 2010 and Potential Affects on the Construction Industry Introduction

designers, builders and certifiers

The Disability (Access to Premises –

misinterpret the BCA and it's

Buildings) Standards 2010 represents

referenced Australian Standards;

the culmination of a process that

only have access to old and out of

commenced in 2001. The goal of this

date copies of technical documents

process was to develop a set of

or don't have access to the relevant

uniform access provisions that would

documents at all.’

provide industr y stakeholders certainty that development would

The Disability (Access to Premises –

not breach the provisions of the

Buildings) Standards 2010 are

Disability Discrimination Act 1992

proposed to be introduced into the

(DDA), the legislative head of power.

Building Code of Australia 1 May

As stated in the Access All Areas

2011.

report; 'Premises Standards would harmonise the requirements of the

This paper will briefly examine the

Building Code and the Disability

background of the Disability (Access

Discrimination Act in relation to

to Premises – Buildings) Standards

access to buildings through the

2010 (hereafter described as the

incorporation of the Access Code into

Access Standard), identify significant

the Building Code.'1 The Disability

changes contained within the Access

(Access to Premises – Buildings)

Standard and finally consider how

Standards 2010 thus represent an

these changes may impact upon

attempt to codify the general duties

building surveyors/designers. A brief

contained within the DDA, as 'the

précis of the key amendments to

technical provisions of the Premises

AS1428.1 – 2009 are contained in

Standards are to be adopted under

appendix 1. Appendix 2 contains a

the Disability Discrimination Act

description of acronyms used in this

1992 (DDA) and mirror provisions will

paper.

be included in a revised BCA.’2 Legislative Background Anecdotal evidence supports the creation of more robust prescriptive standards to ensure that building industry professionals discharge their obligations under the DDA. This view is supported by the Australian Human Rights Commission: ' U n fo r t u n a te l y, i n q u i r i e s a n d complaints to the Commission would suggest that, when it comes to the question of access, in far to many cases the requirements of even the

The genesis for the creation of the Disability (Access to Premises – Buildings) Standards 2010 lies within s.23 – Access to Premises of the DDA, specifically; It is unlawful for a person to discriminate against another person on the ground of the other person's disability: (a) by refusing to allow the other person access to, or the use of, any premises that the public or a section of the public is entitled or allowed to enter or use (whether for payment or not);

current BCA and its referenced technical specifications found in a

Although a statutory nexus has

number of Australian Standards are

existed between the Building Code of

not being met.'3 Of concern to

Australia (BCA) and AS1428.1 since

building industry professionals, the

the inception of the BCA, subsequent

commission considers that '…the

experience has shown that the

reasons for this may be that either

existing BCA and referenced

standard provisions have failed to adequately achieve the general duties contained within the DDA. Fur ther, the compliant based approach of the DDA has not served to significantly increase building accessibility. The introduction of the Access Standard is intended to provide consistent and non – discriminatory access to buildings by strengthening the link between the DDA and BCA. Importantly, by complying with the Access Standard, building certifiers, developers and managers will be protected from claims of discrimination in relation to access. Conversely, failure to satisfy the performance requirements of the Access Standard is unlawful and is in breach of the DDA. In common with the BCA, the Access Standard adopts a performance based methodology, with qualitative performance requirements and prescriptive acceptable solutions provided. As with the BCA m e t h o d o l o g y, m e e t i n g t h e performance requirements may be achieved by:

· Adopting

the prescriptive,

D e e m e d to S a t i s f y ( D t S ) provisions, or

· Formulating

an alternative

solution that satisfies the performance requirements or is equal to, or exceeds, the DtS requirements Additionally, the Access Standard has adopted the BCA building

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classifications with the extent of the Access Standard being limited to the

relevant BCA building classes. Thus, whilst the scope of the DDA is quite broad in defining premises (including for example; aircraft and

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The Building Designer No.163 December 2010

Dec10_010 Tuesday, 7 December 2010 4:19:52 PM

DISABILITY ACCESS

vehicles, playgrounds and parks), the

affected part, being defined as the

Access Standards. For example,

Access Standard will only apply to the

principle pedestrian entrance and

toilets located on the access path, but

listed BCA classes of building.

any required path of travel from the

not forming part of the new work

entrance to the new part must also

part would not need to comply with

Scope

comply.

the Access Standards.5

Section 4.3 however

Part 2 of the Access Standard

provides a lessee concession

identifies the scope and limitations of

whereby a person leasing the part of

the standard. As noted, the standard

a building undertaking 'new work'

adopts BCA classification

does not have to ensure that the

methodology, and is applicable to

affected part complies with the

the following classes of buildings:

Access Standards. For example, if the

This is only an excerpt. For full article see Industry News on: www.bdaq.com.au 1

· · · · · ·

Specified 1b building

lessee is undertaking new part work

Class 2

on the 2nd floor of a 5 storey building,

Para 1.6 Access All Areas;

Annual Review of Regulatory Burdens on

Class 3 & 4

there is no requirement to upgrade

Business: Business and Consumer Services

Class 5 – 9

the building entrance or path of

Research Report, p.195;

Class 10A

travel. Note that this concession does

Class 10B

not extend to a building having only

The good, the bad and the ugly: Design for

one tenant or where the building

construction and access, Australian Human Rights

Before examining impor tant

owner is performing new part work.

Commission;

concessions and wants applying to

However, no requirement exists to

classes of buildings, the issue of new

ensure that ancillary access features

and not new buildings will be

beyond the new part work or

considered.

affected part complies with the

Disability Discrimination Act 1992, 2010;

Refer Para. 86 Explanatory Statement - The

Disability (Access to Premises – Buildings)

As the term suggest, a new building

Standards 2010

represents new construction (not an existing part of a building) where application for building approval was lodged after 1 May 2011, or if a government building, where no application for building work is required to be lodged, work commenced after 1 May 2011. This definition is unambiguous and should create no difficulties when determining the application of the Access Standard 1 May 2011. Alterations or extensions to an existing building is considered a 'new part' where application for building approval was lodged after 1 May 2011, or if a government building, where no application for building work is required to be lodged, work

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commenced after 1 May 2011. The definition 'affected part' is related to and relevant to new part work. In the case of an alteration or addition, the

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specific area of the alteration or addition represents the 'new part', and this area must comply with the Access Standard. Additionally, the

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Dec10_011_proof Tuesday, 7 December 2010 11:07:12 AM

BEDI LTD 2011

New committee to manage BDAQ/BEDI program The BDAQ/BEDI partnership is assembling a

BEDI Training program

Sustainability Committee to oversee the major

BEDI Ltd. Training is negotiating an RTO partnership

projects being set up for 2011.The partnership is

which will see the delivery of targeted training for

working on an ambitious program for the next twelve

apprentice building designers, particularly in regional

months aiming to:

areas.

路

develop materials for delivery in the

Building Consumer Advice Bureau

Endorsed Sustainable Building Designer

Design of a new interactive web site and a social

program

media presence is already underway. A detailed Q &

develop an RTO partnership to enable BEDI

A section, online chat sessions, blogs and social

Training to deliver workplace training in

media will all get the message of sustainable

regional Queensland using the soon to be

building design out into the public arena.

released Building Designer National Training 路

路

Package

Research and Development high on the agenda

develop an interactive web site and social

Perhaps the most ambitious project involves

media presence to promote sustainable

establishing research and development clusters to

building design and provide up to date and

enable the most innovative building designers to

accurate information to the public

contribute to developing better solutions for the

manage research and development projects

development of sustainable built environments.

to address specific areas of sustainable

It is an exciting program for 2011 which will need a

building design where innovative solutions

very focussed committee to ensure that the plan

can improve the performance of the built

stays on track. A number of highly credentialed

environment.

building designers and industry specialists have been invited to be on the committee and it will be on

The Sustainability Committee will be charged with

the job by the end of January 2011.

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.

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The Building Designer No.163 December 2010

Dec10_012 Tuesday, 7 December 2010 11:42:48 AM

MEDIA RELEASE

BUILT ENVIRONMENT DESIGN

“Nothing could be further from the

Facilities should be easily accessible

INSTITUTE LTD, a company

truth,” he said, “BEDI Ltd is a not for

to users and located within the

established by Building Designers

profit public company which only

building or on-site within

Association of Queensland Inc., has

exists to promote the design of

100 metres of a main entrance to

faced criticism from some quarters

sustainable built environments. I

the building, and provided in line

for using training material without

find it disappointing that people

with prescribed workforce or

gaining permission from the

who claim to be champions of

occupant ratios.

developers of the work. There have

sustainability would criticise us

also been claims that BEDI Ltd.

without even trying to find

will try to duplicate

out the facts.

programs already being

Major developments include commercial office buildings, shopping centres, tertiary education

planned by Building

Anyone who

facilities and hospitals with a floor

Designers Australia.

wants to know

area greater than 2000 square

the truth rather

metres.

BEDI Ltd. CEO and

than relying on

BDAQ Executive

hearsay and half-

Additions to major developments

Director, Russell

truth should talk

are also captured where the

Brandon, has hit

to me by phone

addition to an existing major

back at critics by

on 07 3889 9130 or

claiming that BEDI Ltd has

by email to

not used the disputed materials.

development results in new floor area of at least 1000 square metres.

admin@bedi.com.au.” Designated Local Government Areas

“The Building Sustainability

include the areas identified in

Seminars were produced by a

Schedule 1 of the code. For Local

number of authors funded by the Commonwealth Government and for which the contracts gave copyright ownership to the government. “BEDI Ltd has never used the material. We had intended to use the seminars in our program next year based on permission from the Commonwealth but, following Dr Chris Reardon's protest, we have changed our plans.

Governments not listed in the END-OF-TRIP FACILITIES NOW

schedule, it is recommended that

REQUIRED

certifiers consult the relevant Local Government as the code's end of

The introduction of mandatory end-

trip requirements may be adopted

of-trip facilities is one component of

through a local government

the Queensland Government's

planning scheme or through a

Cleaner, greener buildings initiative.

council resolution. Resolutions are

End-of-trip facilities must be

published in local newspapers and

installed for all new major

are also available on Local

developments and major additions

Government websites.

to defined buildings located in designated Local Government Areas.

In some circumstances it may not be appropriate for a major

“Because we believe we all should work together to make building designers Australia's leading practitioners in the design of sustainable built environments, we have no intention of upsetting others who seek the same goals and we no longer plan to use these seminars.” Mr Brandon also hit out at critics who claim that BEDI Ltd is a private company trying to cash in on the popular movement towards sustainability.

The requirements which apply

development to include an end-of-

statewide have been included in

trip facility. The code allows for these

Queensland Development Code

circumstances—for example where

(QDC) Mandatory Part (MP)

the development is a significant

4.1—Sustainable buildings.

distance from a population centre or where road conditions would be

Facilities must be provided for

hazardous to cyclists. Where a

cyclists, joggers and walkers at their

certifier considers the circumstances

place of work and include:

as inappropriate for end-of-trip

secure bicycle parking

facilities the building application

locker facilities

can be referred to Local

changing facilities.

Government for concurrence advice.

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The Building Designer No.163 December 2010

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DESIGN FEATURE

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The Building Designer No.163 December 2010

Dec10_015 Wednesday, 1 December 2010 12:19:19 PM

DESIGN FEATURE

A sensational refurbishment by Norman Richards, “Maleny Community Centre” is owned and operated by the community for the community and is comprised of a main hall, commercial kitchen, meeting room, retail shop and an information kiosk – a well-used public facility. The original building was constructed by community members over 50 years ago and was in dire need of a facelift. A worn out appearance, damaged asbestos cladding, dark, closed in rooms and facilities needing an upgrade challenged the designer. The volunteer run Maleny Community Centre Committee was the client with all funds for the building work raised by the local community.

With a 1.5m side extension, the main hall is now afforded a balcony and chair storage space. Bi-fold doors open during events and reveal a wall of louvres for improved light and air ventilation, as well as providing intimate dining nooks. The updated hall also provides non-discriminatory access to the meeting room, while powered high louvres provide convection ventilation and blackout. A new green room

provides a multi-function area, such as for off-stage dressing. The new deck and shop front glazing allows for future conversion to retail shops as the area becomes more commercially developed. Hardies Linea painted in “Swamp” was used to replace the 50 year old asbestos cladding, giving the building a warm and inviting atmosphere with a modern country appeal.

Norman Richards Norman Richards Building Design & Interiors 07 5435 2788 norman@normanrichards.com

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Before

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DESIGN FEATURE

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The Building Designer No.163 December 2010

Dec10_017 Tuesday, 7 December 2010 3:43:30 PM

BUILDING REVIVAL FORUM

PREMIER ANNOUNCES BUILDING REVIVAL FORUM Premier Anna Bligh has announced that a Building Revival Forum will be held in February next year to look at ways of kick starting Queensland's construction industry. In Parliament today the Premier said that the property and building industry in Queensland was still suffering the after effects of the global financial crisis. “Our Construction industry has been pummelled and beaten by the global financial crisis,” she said. “We can see that the industry is still dazed and confused but we know the fundamentals are there to carry it up off the canvas. “We need dwellings and our developers want to build them - it is clear that our industry needs a springboard effect to get it back on its feet and building for Queensland. “The State Government will hold a one day Building Revival Forum in February where the purpose will be to brainstorm the challenges this industry faces and, more importantly, to focus on the solutions this industry needs.” Ms Bligh said that groups like the Property Council, the Urban Development Institute of Australia, the Housing Industry Association and the Master Builders will be invited to attend the forum. Business groups such as the Chamber of Commerce and the Australian Industry Group will also be invited along with the LGAQ, the Council of Mayors and Mayors from major councils. Representatives from the unions, community and major banks will also be asked to attend. “The GFC has caused a flight of private capital in commercial and multi-dwelling residential projects,” said the Premier. “Put simply that means developers cannot get the funds they need to build the large scale projects our state needs. “The empty Vision site on Mary Street, on land which was to be the site of Australia's third tallest building, is perhaps the most striking legacy of this effect. “But these projects that were never were still cast a shadow across the working lives of Queenslanders

Ms Bligh said that total private sector housing approvals fell from more than 30,000 in 2007 to just 20,000 in 2009 and that is the lowest figure in a decade. Meanwhile the value of private sector building approvals fell from $18b in 2007 to $11b in 2009 – the lowest figure since 2003. The Premier said there was still significant unmet demand for housing in Queensland. “The projected annual demand for new housing between 2006 and 2011 is 44,000 new dwellings per annum,” she said. “Yet the average number of proposals and completions since 2006 has been around 25,000 per annum. “The State doesn't control all of the levers that need to be pulled to get this industry moving. “Often planning approvals are with local government while interest rates and lending policies are simply out of our reach. “But where we can act, we are. Earlier this year, a remarkable consensus emerged from the Growth Management Summit. “We're committed to further streamlining state planning arrangements and why the work of the Infrastructure Charges Taskforce released late last week is so important. “It's also why we've asked the ULDA to deliver major greenfield sites at Ripley Valley, Yarrabilba, Flagstone and Caloundra South.

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“Today there are 233,500 men and women employed in the Construction industry in our State. “This is a huge number but it is 11,600 fewer people and 11,600 jobs less than 12 months ago.”

“The Building Revival Forum I have announced today is intended to give all the major players to get together and brainstorm some solutions so the State and Industry can work together in building tomorrow's Queensland.”

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CONSULTANCY CONTRACTING

Five tips for better consultancy contracting By Adam Carlton-Smith, Partner, HopgoodGanim Lawyers If you're selling your services as a consultant, it's important to ensure that the contracts between you and those hiring your services are robust and effectively protect your interests. Taking the time to prepare and document the arrangements you agree on at the outset of any engagement can help you avoid expensive and drawn-out litigation down the line.

consultants directly, rather than going through you, so that you don't become involved in the chain of responsibility. This also means that you can continue 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, you should make sure, wherever possible, that the terms of the engagement with your sub-consultant line up with the terms of your engagement with your client. In other words, try to pass any risk issues down the line.

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

4. Consider implementing limits of liability

1. Be clear about your role It's important that all the services that you are engaged to provide are clearly documented and put in writing. If you are asked to provide a limited type or scope of services, you need to clarify what the inclusions and exclusions are by including appropriate terminology that sets out the reduced or limited nature of the services. Defining the scope of services in this way from the outset will reduce your risk of exposure to potential claims from clients for breach of duty. If your client then wants to reduce the services you perform, which might compromise your remaining duty, it's worth seeking an indemnity from the client. 2. Get the final agreement signed After providing a proposal for services, it's often easy for both parties to overlook the need to clearly document the final terms agreed between them, particularly if it takes a while to negotiate the scope or price of services. It's important to ensure that each communication throughout the negotiation process clearly states that the final agreement is subject to your proposed terms. A simple letter from a client responding to a proposal for services may not necessarily incorporate the terms you need in order to cover the professional risks associated with the job. Therefore, before beginning work, it would be wise to ensure that the client signs a document that acknowledges acceptance of your terms. This should be an essential requirement for every engagement. 3. Take care when engaging others Remember that if you engage another consultant, it usually follows that you will be responsible for the acts and omissions of that consultant in meeting your obligations to your client. One possible way to reduce your risk is to encourage your client to negotiate with and engage other

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

路路路

capping the amount of liability to either a fixed amount, a percentage of the fees rendered, or even the total amount of fees rendered 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 be carefully drafted because Courts will interpret them strictly, and against the interests of the party relying on the clause. 5. Ensure that you are properly insured against all risks You should review your insurance coverage to ensure that your limits of indemnity and other risk issues are appropriately insured. Insurance extends from professional indemnity insurance, covering you for design services, through to insurance that covers normal business operations. Check each agreement you have with the client to make sure you comply with your insurance obligations under the terms of each agreement. HopgoodGanim's Construction, Infrastructure and Major Projects team has extensive experience advising on, negotiating and drafting effective consultancy contracts. For more information, please contact us on 07 3024 0000.

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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.163 December 2010

Dec10_020 Monday, 6 December 2010 10:45:10 AM

DESIGN FEATURE

LOWPeregian IMPACTSprings AT

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The Building Designer No.163 December 2010

Dec10_021 Wednesday, 1 December 2010 10:54:54 AM

DESIGN FEATURE

by Scott Falconer is a market ready spec-home located at Peregian Springs. The vibrant residence embodies green smart principles and luxury living while maintaining cost effective construction and functional design. Extensive use of louvres and cavity sliders enables the control of breeze and ventilation at all times, while high level glazing maximises the light filtering into the residence. With minimal water and electricity consumption, circulation spines assist natural ventilation paths within the dwelling and low energy lighting was used throughout.

A sense of freedom is achieved internally through the use of raked ceilings and flowing spaces, offering subtle connection between zones while maintaining separation of function. Immaculate in presentation, the light and airy ambience of the interior is further enhanced by modern finishes and Bamboo timber floor overlay. Low -maintenance paint was used for external finishes with Modwood for the decks. No pool was constructed minimising the water use and impact on the site, however provisions were made for a designated future spa location adjacent to the master suite.

A pitched 'fly over' Ritek roofing system combines with generous eave overhangs, high spec insulation to floors and walls and adjustable windows to aid heat load reduction and overall comfort within the home. External walls are insulated with Earth wool made from recycled glass. The introduction of recycled products into the wide variety of building fabrics and finishes combined with native vegetation landscaping ensures a low impact, functional and visually appealing design. Lightly touching the landscape, the overall structure and construction process have had very little impact on the site.

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The Building Designer No.163 December 2010

Dec10_022 Tuesday, 7 December 2010 3:59:03 PM

DESIGN FEATURE

Scott Falconer Aboda Design Group 07 5474 5971 scott@aboda.com.au

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The Building Designer No.163 December 2010

Dec10_023 Wednesday, 1 December 2010 11:17:39 AM

QLD POOL SAFETY LAWS

Stage two of the State Government's tough new pool laws have begun in time for the first day of summer. Minister for Infrastructure and Planning Stirling Hinchliffe announced the commencement of the laws on Wednesday 1 December. He said under the new laws homes with residential pools would need to undergo a mandatory pool safety inspection and receive a compliance certificate within 90 days of the point of sale. Homes for rent will require a safety certificate before the property is leased. Previously no checks were required and many home owners who moved into new properties simply assumed their pools were compliant. Coronial reports found children drowned as a result. All other residential pool owners have five years to meet any costs associated with safety upgrades and get a pool safety certificate. “It's important to remember not every pool owner in Queensland needs to get an inspection on December 1,'' Mr Hinchliffe said. “Only those selling their properties from that date will need to get a pool safety certificate or inform the buyer that pool does not comply. A pool safety certificate is mandatory within 90 days of the point of sale. “Landlords will need a certificate before they lease or renew a lease on a property with a pool. “All other Queensland pool owners have until 2015 to upgrade and comply.

“We estimate the average cost of upgrading a pool that complies with existing pool laws to be less than $2 a week over five years - a small price to pay to know your child, and other children in the neighbourhood, are safe.'' “All new residential outdoor pools installed since stage one came into effect – this time last year – should already comply with the new safety standards. “I would like to thank the many stakeholders involved in the State Government's extensive consultation, including Hannah's Foundation, the Royal Life Saving Society of Australia and the Swimming Pool and Spa Association of Queensland.'' The new regulations will be reviewed within seven years. Key points for pool owners include: ·

Properties with a pool for sale or lease will be affected from 1 December 2010.

A valid pool safety certificate is required for the sale and lease of properties from 1 December 2010.

All pools must be brought into line with the laws by 1 December 2015 or sooner if sold or leased before that date.

For non-shared pools, such as pools associated with houses, a certificate is valid for 2 years, or 1 year for shared pools, such as body corporate pools. Remember, you don't need to hold a valid certificate unless you are selling or leasing your property.

There is a register of pool safety inspectors on the Department of Infrastructure and Planning's website. Currently, there are 458 licensed inspectors across the state.

“While supervision will always be the first level of protection for young children, coronial inquiry after coronial inquiry has indicated supervision by itself is not enough. “That's why the State Government introduced stage one of the tough new pool laws on 1 December 2009, with stage two to take effect today. “Between 1 January 2004 and 18 May 2010, 35 children under five years of age drowned in residential swimming pools and in 2008/09 eight children drowned in swimming pools. “Each year there are approximately 50 non-fatal immersion incidences, which often cause permanent brain damage. Statistics show children are more likely to lose their lives in pools than in any other body of water. “If the new laws can stop even just one of these incidences, they will be worthwhile.” He said there were currently 458 licensed inspectors throughout the state. Inspectors are already providing services for less than $200. The estimated average cost of upgrading a residential pool to comply with the new laws was around $430 – or less than $2 a week over five years. “Following the State Government's independent pool safety review in 2009, these new laws have been designed to save children's lives and make our pools Australia's safest,'' Mr Hinchliffe said.

Stage one of the State Government's tough new pool laws, rolled out on 1 December 2009, included the adoption of the latest pool fencing and CPR signage standards, new provisions to allow temporary pool fencing for short periods of time, mandatory followup inspections for new pools, the upgrade of police reporting forms for pool immersion incidents and the development of a Queensland pool register. Stage two includes: mandatory pool inspections triggered at sale and lease with strong penalties where compliance certificates are not in place within 90 days after the sale is completed. Stage two also includes expansion of pool laws to include hotels, motels and caravans parks, the creation of a state-wide pool register, fencing for all portable pools deeper than 300mm, doors that form part of the pool barrier to be replaced with a fence and the removal of the ability for councils to create local pool laws where state laws apply. For more information or to find out how you might be affected, please visit www.qld.gov.au/poolsafety.

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The Building Designer No.163 December 2010

Dec10_024 Tuesday, 7 December 2010 11:12:00 AM

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Oct-10_014_proof Friday, 29 October 2010 10:46:45 AM

COMMERCIAL BUILDINGS DISCLOSURE

National Commercial Building Disclosure requirements The new National Commercial Building Disclosure

must be included in any advertisement for the sale,

(CBD) program for existing commercial building stock

lease or sub-lease of the office space.

commenced on 1 November 2010. Newly constructed commercial office buildings The commercial building sector accounts for around

(where the certificate of occupancy has been issued

10 per cent of Australia's total greenhouse gas

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

emissions.The CBD program is designed to improve

program.There are some exceptions and exemptions

the energy efficiency of Australia's large commercial

that may also apply for particular buildings.

buildings.The program requires the energy performance of a building to be disclosed with

The CBD program is managed by the Australian

consistent and comparable information, making it

Government through the Department of Climate

easier to purchase or rent energy efficient office

Change and Energy Efficiency. Further information on

space. Better performing buildings may also be

the requirements of the program, including finding

rewarded with better market returns as they are likely

an accredited assessor, can be found at

to be more attractive to buyers and tenants.

www.cbd.gov.au.

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.

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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 5 0

The Building Designer No.163 December 2010

Dec10_026 Tuesday, 7 December 2010 11:27:51 AM

DESIGN FEATURE

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Inner City Living

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The Building Designer No.163 December 2010

Dec10_027 Monday, 29 November 2010 10:51:48 AM

DESIGN FEATURE

Jonathan Harris Harris Designs & Communications 07 3352 6289 jon@harrisdesigns.com.au

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The Building Designer No.163 December 2010

Dec10_028 Tuesday, 30 November 2010 9:23:34 AM

DESIGN FEATURE

Situated

on a corner block

of land in Balmoral with city views to the west, â&#x20AC;&#x153;Condon Residenceâ&#x20AC;? by Jonathan Harris is a massive three level family home featuring clean, simple lines and extensive glazing. Contemporary and functional, the residence includes a stepping design allowing for the lower levels to work with the sloping site as well as providing space definition and separation through floor levels. Both children's rooms are located on the lower floor with direct access to the rumpus room which then flows out to the swimming pool area. Northern exposure is afforded to the living areas as much as possible, but the focus of the middle level is the south-west corner terrace capturing expansive city views. The dining room terrace overlooks the pool area below. The upper floor is completely dedicated to the parents' bedroom and sitting room which connects well with the living zone through a large void. Frameless balustrading also helps to open this space up. Finishing with a touch of luxury, a small terrace on this level draws in the city views and completes the parents retreat. Extensive use of glass both internally and externally ensures the home maintains a bright and open appeal. This is further enhanced by glass bi-fold doors throughout, distinguishing between living zones as well as maintaining this sense of openness and allowing for flexibility of function. All glass is Viridian IGU to protect against exposure to the western sun. From the front of the house, the stepping design, well-manicured gardens, varied cladding and linear aspect creates a visually exciting structure with superb street appeal. Crisp and clean, the home provides simple and modern living in inner city Brisbane.

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Photography by Peter Hyatt 0

The Building Designer No.163 December 2010

Dec10_029 Tuesday, 7 December 2010 4:10:50 PM

LAST WORD

It was Benjamin Franklin who said: “The man who does things makes many mistakes, but he never makes the biggest mistake of all – doing nothing.” It has really hit home to me recently that, in Australia, anyone who sets out to achieve his goals and succeeds is opening himself up as a target for those who don't. The easy path would be to do nothing at all but that, as Benjamin Franklin observed, would be the biggest mistake of all. As Greg Pershouse says, the most important person to be truthful to is you. If you remain true to yourself and always act in an ethical manner, what others think doesn't matter. A new report by Australian Carbon Trust and Climate Works has officially recognised what this columnist has been saying for some time. That is that there is a significant future market for retrofitting sustainability into Australia's existing commercial building stock. “Commercial Buildings Emissions Reduction Opportunities” was launched at the annual Energy Efficiency Council conference in Sydney on 2 December and highlights the need for innovative funding solutions and partnerships to achieve real emissions reductions and cost savings for large and small businesses. The report concludes that while energy efficiency in new buildings has been the focus of policy and investment to date, by 2020, 80% of all emissions from non-residential buildings will be from buildings which exist today. Meg McDonald, CEO of Australian Carbon Trust, said the report highlights the opportunity for building retrofits across Australia. Greening Australia's existing building stock will require a $13 billion total investment and Carbon Trust Australia is working to unlock investment in the area through its innovative funding solutions. Building Designers would do well to watch for opportunity to be part of the retrofit revolution.

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Becoming part of the Built Environment Design Institute Ltd programs would be a great way to

start preparing.

Russell Brandon

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The Building Designer No.163 December 2010

Dec10_030 Tuesday, 7 December 2010 4:14:40 PM

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 040 080

www.weathertex.com.au Weathertex Pty Ltd ACN 084 713 986

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BDA EVENTS CALENDAR 2011

100

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ENDORSED SUSTAINABLE BUILDING DESIGNER PROGRAM

PROFESSIONAL DEVELOPMENT ROADSHOW Week 1

October 10 - 14 2011

Venue 1 May 06 - 07, 13 - 14

Week 2

October 17 - 21 2011

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Venue 2 May 27 - 28, June 03 - 04

BDAQ DESIGN AWARDS WEEKEND Golf Day August 19 Awards Dinner August 20 Professional Development August 20

BRANCH MEETINGS Branches occasionally change meeting details. Please contact the branch if you are attending for the first time or havenâ&#x20AC;&#x2122;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: Brad Owens Ph 07 4772 4205 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

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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

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Oct-10_032 Monday, 1 November 2010 10:01:02 AM

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Just go to www.bdaq.com.au and click on the PURCHASE PRODUCTS button.

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