Tute 11 (Tara) Flashcards
For scenario 8.4, wouldn’t the former staff need to ask client for written agreement assigning copyright as they are taking over another architect’s work? And as such have breached copyright as the client doesn’t own copyright of DA docs.
No the original archietct would retain copyright, but grant a licence to use the design once on the subject site.
Does the client have to follow the code of Tendering?
No but they and you are not allowed to engage in deceptive or dodgy behaviour.
Is the quantity surveyor obligated to be non-partial when assessing progress claims?
They are not the superintendant so they are not obligated.
What defines a commercial client?
Anything in business that trades and sits under the rules of Australian consumer law.
Why are AS contracts always modifed?
Because the original didnt cover GST.
Is you make a mistake, will you have to pay for that?
The client will have to pay it under the building contract and then they can come back and sue you under your CAA contract.
What does conlusion mean? (tenderers)
secret or illegal cooperation or conspiracy in order to deceive others.
What is the difference between liability under statute, tort and contract?
Statute is state law
TOrt is duty of care as a licensed professional
Contract is under contract
Does rentention include or exclude GST?
Retention includes GST.
Can you work for your employers clients after quitting?
Nicole: Legally yes unless its in your employee contract which it usually is.
What do you have to do first before resigning a commission?
Give notification first.
WHen will you get your exam results?
Before the interviews are scheduled.
Can you keep construction going whilst waiting for a planning amendment?
If the amendment is for the part you are constructing then you legally cannot construct that until its approved.
If the client moves in before PC and automatically triggers PC, to clarify - the final progress payment and half the security has to be given back yeah? and does that mean that the contractor might chose to not come back and finish the work and forfeit the last half of security?
TIme is at large as lawyers would say. You have to payout everything as if you would with PC and the contractor has to come back but they arent obligated to anytime.
