Architects:

The areas of law and the issues that an architect or an architect’s business may come across is illustrated in the list below. Many of these areas and generalized issues may overlap with other businesses types and are not necessarily exclusive to the architectural industry. However these are some of the areas that may become relevant to an architect, or his or her company, in due course of conducting business.

• Operational matters such as:
  • Registration with the NSW Board of Architects including obtaining legal advice or legal assistance with applications and any internal appeals processes;
  • Corporate branding;
  • Business restructuring;
  • Partnership agreements;
  • Corporate mergers; and
  • the leasing of premises.
• Compliance with professional standards, including but not limited to:
• The NSW Board of Architects; and
• The Australian Institute of Architects.
• Drafting, review and maintenance of operational policies to cover the architect’s and the company’s professional duties and liabilities in respect of its work and its employees;
• Employment related obligations;
• Dealing with contractors and agents;
• Compliance with other statutory bodies in due course of project realization;
• Dealing with Councils and Government departments in due course of project realization;
• Environmental Impact Assessment;
• Environmental planning;
• Specific contract drafting;
• Detailed contract advice on existing contracts;
• Ongoing contract administration;
• Commercial disputes and claims under statutory schemes, including:
  • Architects Act 2003;
  • Copyright Act 1968;
  • Corporations Act 2000;
  • Designs Act 2003;
  • Building and Construction Industry Security of Payment Act 1999; and
  • Australian Competition and Consumer Law 2010.
• Professional complaints including negligence and breach of contract;
• Professional liability in connection with services preformed;
• Dealing with insurers such as the Architects Professional Risk Services (which is a subsidiary to the Australian Institute of Architects); and
• Debt collection.

Navado Lawyers and Solicitors can provide detailed legal advice in relation to issues that can arise under any of the above areas. Disputes can often occur where there is uncertainty or ambiguity in relation to parties’ rights and liabilities in respect of their contractual or other duties and obligations. Some of those obligations can be implied at law and are not explicitly stated in contracts and agreements. It is therefore important that any written documents upon which an architectural firm relies on to conduct its business, are written clearly and are comprehensive.

A conflict between architects, employees, business partners or contractors can cause disruption to the architect’s business and be a cause of great financial stress on the company as well as its Directors and employees. Our Building, Construction, Environment and Property lawyers are mindful of the fact that the architectural industry can be volatile and that litigation is an expensive process. With that in mind, we seek to mitigate our client’s costs by first engaging in dispute resolution processes before any formal litigation is contemplated. Unfortunately, sometimes litigation may be the only way to resolve a problem. In this situation, our solicitors can provide the appropriate representation in the Court or Tribunal in which the disputed matter will have to be brought.

Architects may also find that legal issues might arise in matters relating to the following areas of legal practice, which they might require legal advice or legal assistance with:

• Business Law;
• Property Law:
  • “Boundary Disputes”;
  • “Development Applications”;
  • “Encroachment and Overhang”;
  • “Heritage Laws”; and
  • “Land and Environment Court”.
• Intellectual Property Law:
  • “Copyright”; and
  • “Moral Rights”.
• Employment Law:
  • “Constructive Dismissal”;
  • “Employment Award”;
  • “Employment Contract Advice”;
  • “Fair Work Australia”;
  • “Harassment and Bullying”;
  • “Redundancy”;
  • “Restraint of Trade Clauses”;
  • “Serious and Willful Misconduct”;
  • “Sexual Harassment”;
  • “Unfair Dismissal”;
  • “Unlawful Termination”;
  • “Workplace Discrimination”; and
  • “Workplace Harassment”.

If you are about to take any action that encompasses the areas described above, there will be a variety of important legal considerations that could need to be thought about before you make any final decisions. Our Sydney architect lawyers have been assisting architect clients for over a decade and we have the expertise and experience required to guide you through any issues that may arise in this industry.

If you would like to discuss any of the issues described above, you can contact our firm on (02) 9233 4048 or send an email to info@navado.com.au to arrange a meeting with one of our solicitors. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.