Whether it’s faulty cables, exploding glass, roofing materials containing asbestos or cladding which is used in situations where it is not fit for purpose, non-compliant products are a significant issue.
For architects, this raises questions about any legal or insurance issues which they face where non-compliant products (NCPs) are used on their projects.
According to John Merlo, director and principal lawyer at Brisbane-based construction law firm Merlo Law, issues arise from several areas.
First, whilst the NCC acts as a form of ‘umbrella’ controls, Merlo stresses that each jurisdiction has its own laws, bylaws such as regulations, codes and product installations requirements. In some instances, he says, these themselves may run in a manner which contradict the relevant aspects of the Code. Architects, he says, should be aware of this and should be cognisant of any specific rules which apply within the jurisdiction in which they are working.