Local government professionals such as, planners, engineers, health service providers and environmental officers can be held accountable for errors or omissions that may result from their advice and services. We have established specialist services to assist you in reducing the incidence and severity of professional indemnity claims arising from a breach of professional duties.
In comparison with other types of liability claims, professional indemnity claims reflect a much larger outgoing per individual claim and therefore our services aim at assisting you to better understand and improve the management of professional risks, through:
- Guidance on the identification of professional risk exposures for professionals who provide advice to external stakeholders.
- Implementation of good practice in the management of professional risks through the provision of tailored training sessions in relation to regulatory requirements, statutory compliance and discretionary services.
- Identifying key professional risk trends along with development of recommended risk mitigation strategies.
- Providing advice and assisting in drafting disclaimers, waivers and indemnifications.
Managing risks in contracts, in particular.
Contracts are a good way of transferring risks, however the method of risk transfer can be a benefit or a burden for you.
You have extensive contractual arrangements with a wide range of suppliers and service providers. These arrangements may be through WALGA contracts and preferred suppliers or with other contracting parties such as state agencies, mining companies or other large organisations.
The equitable allocation of risk within a contract can occur through the use of numerous risk transfer clauses, with some common clauses being:
- Proportionate liability clauses
- Limitations of liability
- Consequential loss causes
- Insurance clauses
- Liquidated damages clauses
We can provide advice on the use and appropriate wording of the above clauses, raise the awareness about the significance of contractual risk and embed the importance of contractual diligence.
For more information please contact the risk and governance services team on 08 9483 8888.