Construction World October 2017

the copyright came into existence, should be stated, for example, '©Topside Engineering (Pty) Ltd. 2017.' What some of the Standard Form Agreements say PROCSA: The consultant retains copyright of all documents and/ or designs prepared by the consultant for the project. The client has the right to the use and the benefit of the documentation produced for the sole purpose of its intended use on the project subject to compliance with the terms and conditions of this agreement. The client is entitled to all data and factual information collected by the consultant and paid for by the client. CIDB: Copyright of all documents prepared by the service provider in accordance with the relevant provisions of the Copyright Act (Act 98 of 1978) relating to the project shall be vested in the party named in the contract data. Where copyright is vested in the service provider, the employer shall be entitled to use the documents or copy them only for the purposes for which they are intended in regard to the project and need not obtain the service provider’s permission to copy for such use. Where copyright is vested in the employer, the service provider shall not be liable in any way for the use of any of the information other than as originally intended for the project and the employer hereby indemnifies the service provider against any claim which may be made against him by any party arising from the use of such documentation for other purposes. The ownership of data and factual information collected by the service provider and paid for by the employer shall, after payment by the employer, lie with the employer. FIDIC: The Consultant retains copyright of all documents prepared by him. The client shall be entitled to use them or copy them only for the works and the purpose for which they are intended, and need not obtain the consultant's permission to copy for such use. NEC: No provision provided. Copyright and your insurance cover Not all Professional Indemnity policies have the same wording and may contain a clause similar to the one below that may cover the insured’s breach of copyright subject to the terms and conditions of the policy. ‘The Insurers will indemnify the Insured for any claim or claims first made against the Insured during the Period of Insurance by reason of any inadvertent disclosure of the confidential information, or any inadvertent infringement of any patent or copyright or the inadvertent unauthorized use or inadvertent infringement of the systems or designs of others.’ “It is important to keep in mind that your intellectual property as a professional can be considered as a valuable asset to your business. As there are certain associated risks with same, the necessary precautions and wordings should be considered,” Samantha urges. “Proactive risk management is a vital business tool and is a process that is best undertaken with the aid of a specialist insurance broker and legal risk consulting service. “Having professional legal assistance for insured businesses as well as small, medium and large professional practitioners will greatly aid to assess your risk profile. It will also help to benchmark you against your peers, both locally and internationally, ultimately having a positive effect on managing any potential risks,” Baleson concludes. *Disclaimer: This article is for general information purposes only and does not constitute legal or other professional advice and should not be used as such. Always consult with your legal advisor or professional insurance broker for advice. 

Matthew Lilley, senior structural engineer and Katrine Lategan – project creation, both from Arup Buildings, believe that the PDP, which is recognised as the premier post-graduate property development course, has enhanced their knowledge of the financial and feasibility process side to property development. “I gained a significant amount of insight into detailed financial feasibility analysis as well as macro and micro economic drivers of property development across several countries. Looking at the various funding mechanisms – including risk analysis, it has given me a greater appreciation of the complexity of project development. I am now better placed to understand our clients’ and developers’ needs, particularly in today’s tough economic landscape, both global and local,” said Lilley. Lilley added: “Arup has always been committed to giving add-on value to their clients and I can now offer more holistic solutions as well as guide developers towards more recent drivers and changes in the development market place. The PDP has significantly enhanced my structural and civil engineering expertise”. Lategan said: “I believe this highly recommended programme has broadened my knowledge of the crucial elements required in property development. It was important to look at factors that different players, such as developers and financiers, consider critical to their activities. I am eager to use what I have learnt to best collaborate with clients, architects and other key players to create good and interesting projects for Arup. My passion has always been to improve our built environment and surrounds and how things are done. I now have the knowledge to not only make a project feasible, but to make a project great. As part of the programme, the delegates were split into groups and tasked with presenting a full property development proposal, which included design, financial feasibility and legal structure, to respected industry experts. The brief focused on integrating affordable housing and transit-orientated development principles for a highly desirable site situated in the Cape Town CBD. Arup shone at the gala dinner award ceremony as Lategan’s group took first prize, with judges complimenting the group on the slickness of their complete package, while Lilley’s claimed second, overcoming the disadvantage of having no architect on their team. As a global firm of designers, planners, engineers and technical specialists, Arup is committed to the continuous professional development of its team members.  Investing in development Two delegates from Arup recently participated in the Property Development Programme (PDP), a two-week intensive course run by the University of Cape Town Graduate School of Business in association with the South African Property Owners Association (SAPOA). From left: Matthew Lilley – Arup, Katrine Lategan – Arup, Justine Saloman – TUHF and John Holley – Flanagan & Gerard.

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CONSTRUCTION WORLD OCTOBER 2017