Webinar: Superintendent Duties Explained (Recording Option)

A Superintendent’s role as a certifier/assessor in relation to EOTs, variations and certificates requires fair and impartial decisions. A failure to do so may cause a Superintendent’s determination to be vitiated. This, in turn, also requires that QSs maintain strict impartiality when providing assessments relied on by Superintendents.

On that basis, the webinar will highlight the important role QSs play under Builders Side Deeds to support Superintendents in their certifying role. This includes reviewing progress claims, certifying costs and valuing variations. The webinar will also examine clauses that deem a QS’s determinations as final and binding, and circumstances where a QS’s considerations are highly persuasive in dispute resolution processes.

Secondly, the webinar will explain how adverse certifications and circumstances (where a QS fails to maintain strict impartiality) can trigger claims of negligence, breach of retainer and potential disciplinary actions.

Thirdly, the webinar will discuss Part 4 of the Design and Building Practitioners Act (DBPA). In particular, section 36(1)(d) which defines “construction work” to include the “supervising or otherwise having substantive control over the carrying out of any work”. This suggests that a QS may be liable under s 37 and can be made a defendant to an action (when engaged under a Builders Side Deed).

Finally, given the limits to your Professional Indemnity insurance, there are concerns about whether you have “cover” if you are deemed to have breached the duty of care to avoid economic loss under s 37 (DBPA).”

About the speaker:

Glenn Crisp

Glenn Crisp, Principal at Crisp Law, brings extensive expertise in project assessment, negotiation, and delivery across Australia. With a wealth of experience ranging from pioneering 'design, construct and finance' initiatives in New South Wales, to managing multifaceted facilities agreements in North Queensland, as well as overseeing remote mine civil projects in Western Australia and defence bases in the Northern Territory, Glenn excels in navigating complex contracts.

About the webinar:

Cost: $38 (incl. GST) AIQS Members // $50 (incl. GST) Non-Members
CPD: 1 point

Disclaimer: The information presented in this webinar is accurate to the best of the speaker’s knowledge at the time of recording. AIQS does not independently verify the content and accepts no responsibility for any errors, omissions, or changes that may occur after publication. Viewers are encouraged to exercise their own judgement and seek professional advice where appropriate.