Website Terms and Conditions of Use and Service Provision

These Terms and Conditions govern your use of this website and the services provided by Strukmon Pty Ltd ("Strukmon", "we", "our", or "us"). By accessing our website or engaging our services, you agree to be bound by the following terms. If you do not agree, please discontinue use immediately.

Exclusions

i. No Declared Design (DD) is included within the scope of this service. Depending on the size of the overall documentation or assessment, DD will be charged accordingly.

ii. The assessment, identification or review of any DTS non-compliant cladding, or elements to be used by external consultants, must be already considered to be DTS for Combustibility in accordance with C2D10, C2D11, C2D14 of NCC 2022. Any DTS non-compliant attachments related to the building are not part of our service and are beyond the scope of our works. Strukmon is not responsible for any DTS non-compliant cladding. It is the responsibility of the Architect, Builder, Developer, and Principal Certifying Authority to undertake the assessment of any cladding and any attachment-type material for compliance with the DTS provisions of the BCA regarding fire rating and structural adequacy.

iii. Any references in our service documentation to Sections C & D of the BCA exclude Clauses C1.9, C1.10, C1.14 (in BCA 2019 A1 and earlier) and Clauses C2D10, C2D11, C2D14 (in BCA 2022) related to cladding or attachments, and excludes any Specifications relating to cladding or attachments. Materials used in external walls must be non-combustible and vetted by the Architect, Builder, and Developer, and must not differ from those outlined in our report unless explicitly instructed in writing and with the PCA informed of any declared design changes.

iv. Earthquake assessment is excluded. It is recommended that a qualified earthquake specialist is engaged for such matters.

v. Strukmon excludes all other clauses from the BCA and/or Australian Standards or any reference material unless explicitly mentioned within a specialist report, in which case assumptions will be made based on others' reports.

vi. The Strukmon Façade Engineering Report will contain additional exclusions. Those stated in this website's Terms are not exhaustive.

vii. All cladding within a development must be non-combustible or otherwise comply via a Performance-Based Design Report and Fire Engineering Performance Solution Report. These documents must be provided by a suitably qualified fire engineer and are outside the scope of our service.

viii. On-site walkthroughs by Strukmon are general, non-intrusive, visual only.

ix. Elements constructed behind walls are excluded from our service.

x. Strukmon does not commission systems. The builder and contractors are responsible for ensuring on-site works are installed in accordance with BCA requirements and relevant performance solutions. Strukmon takes no responsibility for installation or testing of building works, including fire safety systems, wall types, door hardware, electrical, hydraulic, mechanical, and fire dampers. Certification must be provided by installers and qualified professionals.

xi. Review, identification, and certification of tested systems are outside our scope.

xii. Our assessments are based solely on building design. They are not based on commissioning, construction, or final sign-off. Any commentary provided is visual and non-intrusive, intended as general guidelines only. Acceptance of on-site works must be confirmed by the PCA per applicable Environmental Planning & Assessment regulations.

xiii. Toxic materials such as asbestos and toxic mold are excluded. Clients must ensure these are not present prior to our engagement, or have been properly addressed by specialists.

xiv. Toxic mold assessment is excluded. Clients must engage a relevant specialist if required.

xv. It is the client's responsibility to confirm toxic materials are not present before engaging Strukmon services.

Cladding Systems Exclusion

Strukmon Pty Ltd, its employees and/or directors will not be liable to indemnify for any Claim, liability, loss or Costs and Expenses, settlement or other payment, or pay any other costs payable pursuant to the Policy including any costs payable pursuant to any applicable Mitigation Costs Extension, Inquiry and Hearings Representation Costs Extension, Safe Design Investigations, Examinations and Prosecutions Extension, in connection with, arising out of, based upon, attributable to, or in consequence of any advice or services provided, actual or alleged, or any other act, error or omission by Strukmon Pty Ltd, or any sub-contractor, consultant or agent, in respect of any external wall system and/or combustible material that is:

  • not compliant with or does not conform to any relevant legislation, regulation, standard, instructions or building codes; or
  • installed, applied, specified or utilised in such a manner that is not compliant with or does not conform to any relevant legislation, regulation, standard, instructions or building codes.

For the purpose of this Exclusion:

"building codes" is defined to mean and include:

  • Australian Standards, as published and amended from time to time, by Standards Australia Limited; or
  • the National Construction Code, including the Building Code of Australia, or any superseding document, published and amended from time to time, by the Australian Building Codes Board; or
  • any conditions of use or application approved by a recognised, and relevant, building standards organisation; or
  • any equivalent organisations to those outlined in (i) to (iii) above, in any other relevant jurisdiction; or
  • any manufacturers specifications or instructions in respect of the appropriate application and/ or installation of an external wall system provided that such specifications or instructions are not contrary to any of (i) to (iv) above.

"external wall system" means any:

  • aluminium composite panels (or aluminium composite materials) (ACP/ACM) having a core comprised of any combustible material constituent that is greater than 7%; or
  • any continuous insulation of a combustible nature; or
  • any other combustible cladding, insulation or façade material of any kind, including any materials, components or equipment supplied in connection with any of the above.

"combustible material" means: any external cladding or continuous insulation product comprised of thermoplastic or thermoset polymers, including but not restricted to polyurethane (PUR), polyisocyanurate (PIR), expanded or extruded polystyrene (EPS/ XPS) foams or any similarly combustible material.

It is the responsibility of the client to ensure that no asbestos or similar carcinogenic or toxic material is part of the site in its entirety and has been addressed in accordance with the relevant Australian Standards, and will be assumed is not present on any site involved with, and has been addressed sufficiently if it did prior to any engagement.

Toxic mold assessment and the like, is excluded for the project. It is the responsibility of the client to engage a specialist in this field if they see fit.

It is the responsibility on the client to ensure that the above is not present prior to engaging with Strukmon Pty Ltd, its employees and or directors.

Service Requirements

To provide our services clearly and efficiently, we require but are not limited to the following documents and inputs from clients:

  • A list of BCA non-compliances must be provided by the BCA consultant, PCA, architect, and all services engineers (including electrical, hydraulic, mechanical, structural), and confirmed by the PCA, as well as all tested systems, Codemark Certificates, design installation manuals, design warranties for all elements specified by the design team, and all relevant documents and certificates.
  • The Principal Certifying Authority (PCA) must approve the BCA Clauses and Performance Requirements related to fire safety issues and non-compliances to be addressed.
  • If available, a copy of the current Annual Fire Safety Statement for the subject site.
  • A copy of the Development Application (DA) Consent for the subject site.
  • Contact details of the PCA appointed to the project.
  • The client must confirm with the PCA which BCA edition (year) is applicable to the project. Requests to revise the assessment for a different BCA edition may incur additional revision fees.
  • Current architectural plans, sections, and elevations for the site, scaled at 1:100 or 1:200 on A3 paper. Plans must be provided as high-quality PDFs, with one full floor level per page. Scans or reproductions are not accepted.
  • For developments lodging a Building Certificate, a site inspection is required to complete the Façade Engineering Review (FER).
  • If a Fire Engineering Brief Questionnaire (FEBQ) is required: Latest services plans for the project, including hydraulic and electrical. Project information requested by Fire & Rescue NSW.
  • Planning reports to determine if the site lies in a flood or bushfire zone.

Note: Our involvement does not breach conflict of interest provisions under Part 5, Division 3 of the Building Professionals Regulation 2007. We may advise on whether plans and specifications meet applicable legislative and BCA requirements.

Note: Clients are responsible for providing accurate, up-to-date information and certificates. Reassessment due to updated drawings or reports will be charged at the hourly rates specified.

Note: All required documentation must be provided to Strukmon Pty Ltd within 7 business days from request to ensure assessments align with client objectives.

Note: The above is the minimum documentation required to commence assessment. Additional documentation may be required, and clients are expected to provide it accordingly.

Terms and Conditions of Service

i. Definitions

Unless the context otherwise requires, the following definitions and the industry definitions set under The Building Professionals Act 2005, The Building Professionals Regulation 2007, Environmental Planning and Assessment Act 1979, and Environmental Planning and Assessment Regulation 2000, shall apply to these Terms and Conditions:

"Client" means the applicant/owner of the subject development; "Company" means Strukmon Pty. Ltd ABN 15 672 296 258; "Construction Certificate" means a certificate issued under Clause 142 of the Environmental Planning and Assessment Regulation 2000; "Consent" means either Development Application consent, Complying Development Certificate or Construction Certificate approved by a Consent Authority or Certifying Authority; "EP&A Act" means the Environmental Planning and Assessment Act 1979.

ii. Fee Proposals / Time Limitations

  • Unless otherwise stated, any service fee quotation is valid for 90 days from issuance and subject to the Company's written confirmation to proceed.
  • No condition or stipulation in the client's acceptance that alters or adds to these terms shall apply unless expressly accepted by the Company.
  • Additional services beyond the original scope will incur separate charges.
  • The Company reserves the right to review pricing if development works are not completed within two years (24 months) of commencement.
  • A file operation fee of $1,000 + GST per year may be charged after 24 months until the contract is closed.

iii. Variations

  • All variations must be requested in writing by the Client and agreed upon by the Company. Variations may result in time-based billing or revised quotes.
  • Assessments granted must comply with the DTS provisions of the BCA or explicitly state when an Alternative Solution is required. Any deviation may invalidate prior agreements.
  • A new agreement is required if the project scope changes.
  • Alternate Solutions under BCA Volumes One and Two will incur additional charges unless initially specified.
  • Additional site inspections required due to site-specific matters will be charged hourly by the assigned engineer.

iv. Cancellation

  • Cancellations are not effective unless accepted in writing by the Company.
  • A minimum 25% cancellation fee of the total service amount will be invoiced to cover time and consultancy up to cancellation.
  • No refunds will be given unless otherwise agreed.
  • In cases of insolvency or administrative proceedings, either party may terminate.
  • Breach of contract by the Client permits the Company to terminate services.
  • Cancellation is not accepted unless all fees for services rendered are paid in full.
  • If the PCA rejects a proposed solution, the full service fee remains payable.

v. Certificates

  • The Client or its authorised agents must not commence building works unless the Façade Engineering Review has been formally accepted in writing by the PCA.
  • The Client or its authorised agents must not occupy or use the premises under construction until an Occupation Certificate or an Interim Occupation Certificate has been issued by the PCA.
  • The Company reserves the right not to issue any reports or documentation if unapproved variations or modifications have been made from the originally proposed fire engineering alternative solution.

vi. Reliance of Information

  • The Company relies on the truth and accuracy of the information and documentation provided by the Client. It is an offence under the Act to provide false or misleading information to a fire engineer, and doing so may void any fire engineering alternative solution or certification.
  • Provision of advice and reporting is contingent upon full disclosure of all relevant facts and historical data affecting the project.
  • Information gaps will be communicated to the Client for rectification via external experts or through further instruction.
  • The Client is required to submit original documents or verified true copies.
  • The Company disclaims all responsibility for damage or cost arising from reliance on false or misleading information.
  • The Client acknowledges and agrees that all recommendations and conditions in the fire engineering report will be addressed.
  • The Client is responsible for ensuring that all works comply with Development Consent conditions, the BCA, and relevant Australian Standards.
  • Under Clause 283 of the Environmental Planning and Assessment Regulation 2000, providing false or misleading information is a prosecutable offence.

vii. Effect of Breach by Client or Authorised Representative

If the Client or its authorised representative:

  • Breaches these Terms;
  • Defaults on payment;
  • Becomes bankrupt or insolvent;
  • Passes a resolution for liquidation or is the subject of winding-up proceedings;
  • Has a receiver or administrator appointed;
  • Acts in a way that may damage the reputation of the Company;
  • Fails to obtain an Occupation Certificate as required under NSW Law;

then the Company may cancel this agreement and recover any costs incurred.

viii. Payment

  • Payment of fees may be required in advance, or in stages, as agreed.
  • All invoices are payable within 14 days of issue.
  • Interest of 10% p.a. may be applied to overdue invoices.
  • The Client must reimburse the Company for all costs related to debt recovery.
  • Invoices are issued under the Building & Construction Industry Security of Payment Act 1999.
  • The Company may pause or cease work where fees remain unpaid.

ix. Goods and Services Tax (GST)

  • Unless otherwise specified, all fees quoted are exclusive of GST.

x. Exclusion of Liability

  • To the extent permitted by law, the Company is not liable for loss or damage (including indirect or consequential losses) resulting from its services.
  • The Client agrees to indemnify the Company from all related claims unless gross negligence is proven.
  • Company liability is limited to $20,000 total.
  • The Company is not liable for economic loss, damage caused by asbestos, toxic mold, terrorism, or other standard exclusions.
  • The Company disclaims liability regarding pre-existing infrastructure or structures.
  • Company's liability is limited to its equitable share of responsibility compared with other involved professionals.
  • Claims must be made within three years of service completion. After that, the Company is released from all liability.

xi. Excluded from Report

  • Weekly meetings.
  • Detailed weatherproofing documentation.
  • Performance Solutions or PBDBs.
  • Review of electrical, HVAC, mechanical, hydraulic components.
  • Shop drawings, structural signoffs, or proprietary system certifications.
  • Cost/estimation, feasibility modelling.
  • Toxic mold or hazardous material evaluations.
  • Moisture/condensation assessments.
  • Certification or issuance of construction/occupation/development documents.
  • Structural design, engineering, calculations.
  • Waterproofing and compliance verification.
  • All temporary or access systems outside building footprint.
  • Review of all facade-related systems for structural adequacy or performance beyond visual assessments.

xii. Governing Law

These Terms are governed by the laws of New South Wales. The Client submits to the exclusive jurisdiction of NSW courts.

xiii. Errors or Omissions

Clerical or computational errors in documents or invoices may be corrected by the Company.

xiv. Force Majeure

The Company shall not be liable for delays or failures due to events beyond its control.

Use of this website or our services constitutes full acceptance (but not limited to) of these Terms.