2 Council CONNECT May 2018 Commercial Disputes Tale No. 1 The Bartier Perry Building and Construction team was recently engaged by a New South Wales local council regarding a possible claim against a consultant providing design services for the construction of a public access facility. Facts Council invited tender submissions for design services including for the construction of a new public facility. The design scope required the consultant to provide an options analysis with more than one design option to be submitted. The contract stated that the design must minimise the health and safety risk to construction, operation, maintenance and service workers and all other users of the facility. This clearly included members of the public. The contract also stated that the consultant must identify, assess and, where practicable, eliminate all reasonably foreseeable hazards and risks to the health and safety of all those who may use, maintain or repair the facility. MARK GLYNN Building, Construction and Procurement - Cautionary Tales