David Bannerman Jason Starr-Thomas Jason Starr-Thomas. Emergency Plan - Checklist Emergency Plan - Checklist

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1 David Bannerman Bannermans Bannermans Lawyers Lawyers Jason Starr-Thomas Jason Starr-Thomas CHU Underwriting Agencies CHU Underwriting Agencies Emergency Plan - Checklist Emergency Plan - Checklist

2 Agenda What are the types of events we need to deal with? Understanding of the framework we operate in Preparation we can all do now Steps to follow when an event occurs Steps to follow post an event Q&A

Considerations Event is specific to plan & immediate surrounds Generally

3 What are the types of events Site Specific Event Fire Gas Leaks Building Flooding Other events Examples - Bankstown, Lane Cove Tunnel etc. Considerations Event is specific to plan & immediate surrounds Generally requires evacuation and temporary relocation Event may attract site specific media attention

area May require evacuation and temporary relocation Temporary loss of some

4 What are the types of events Multi Site Event Damaging Storms Bush Fires Localised Flooding Examples Sydney Hail Storm Considerations Event is specific to a local area May require evacuation and temporary relocation Temporary loss of some infrastructure (power etc.) Event may attract event media attention not generally site specific

extended temporary relocation Generally gross loss of infrastructure (power, water, telecommunications,

5 What are the types of events Catastrophe Events Cyclones Earthquakes / Tsunami Major Flooding Examples Cyclone Yasi, Brisbane Floods Considerations Event is on a regional basis May require evacuation and extended temporary relocation Generally gross loss of infrastructure (power, water, telecommunications, transport etc.) Event will attract media attention not generally site specific Consider your teams safety

6 By failing to prepare You are preparing to fail. Source : Someone who failed.

Steps Before Event Steps and procedures for managing agents to consider in preparing themselves for a possible event Do you have a WH&S Plan for employees and contractors Do you have Authority to act

7 Steps Before Event Steps and procedures for managing agents to consider in preparing themselves for a possible event Do you have a WH&S Plan for employees and contractors Do you have Authority to act under your Agreement? Obtain delegated authority for emergency works / steps Ability to charge the scheme Schedule B fees for emergency works Informal instructions (to be ratified later) where no delegated authority exists Do you understand your obligations and potential liability as the Managing Agent?

Steps Before Event Steps and procedures for managing agents to consider in preparing themselves for a possible event Do you have the information you will need?

8 Steps Before Event Steps and procedures for managing agents to consider in preparing themselves for a possible event Do you have the information you will need? Develop a master contact list for: insurance, emergency works, owner/occupants, advisers (legal / non-legal) Documents to keep handy / close by: safety audits, asbestos reports, escape routes, name(s) of fire wardens Insurance needs to be adequate and current Consider un-insured losses (under policy) e.g. Pre-existing defects, flood damage etc.

Develop a policy for communicating with owners/occupants to explain what has happened, who to contact and next steps

9 Steps Before Event Steps and procedures for managing agents to consider in preparing themselves for a possible event Do you have a communication plan? Develop a policy for communicating with owners/occupants to explain what has happened, who to contact and next steps How will you maintain ongoing contact with owners/occupants Dealing with media contact Do you have an internal resource plan? Develop a staff/resources management plan WH&S plan for Staff attending site?

internally / externally Persons to be contacted: emergency, insurance

10 Occurrence Make Safe and prevent further damage Appoint qualified staff member to act (time period > 1 month) Define what needs to be communicated internally / externally Persons to be contacted: emergency, insurance contact, staff, and others Keep detailed: file notes, photo/video material of scene.

11 Post Occurrence For insured losses the Insurer will typically require documents and reports:- Liaise with emergency services, obtain police report(s) and fire report(s) Obtain photos, videos etc. of circumstances of loss/damage Locate statements from witnesses

regulations Determine relocation, loss of rent, storage and other

12 Post Occurrence Determine emergency / make safe repairs Liaise with Council to ensure compliance with appropriate building codes and regulations Determine relocation, loss of rent, storage and other expenses recoverable Determine the scope of works and approvals required

13 Post Occurrence Determine a shortlist of competent tradespeople Don t compound a problem! Can arrange and finance repairs. This include a warranty for repairs and workmanship if authorised direct by insurer

time-frames Dispute Management Process Internal

14 Post Occurrence Insurer should provide management an overview for management of claim, steps involved and time-frames Dispute Management Process Internal Dispute Resolution External (Financial Ombudsmen Service)

and any key dates and timeframes for commencing proceedings to avoid

15 Post Occurrence For uninsured losses the scheme will need to consider:- Consider obtaining legal advice as to the potential liability of others, and any key dates and timeframes for commencing proceedings to avoid losing any legal rights. Need to manage owners expectations and financial exposures

For any remediation works ensure that the contracts are legally compliant, with the relevant

16 Post Occurrence Other Management Considerations:- Determine frequency of update reports and to whom Do any alterations need to be approved by any statutory authorities or by special resolution? For any remediation works ensure that the contracts are legally compliant, with the relevant insurances are in place and contemplate a superintendent role. Do amendments to title need to be effected?

17 Summary Prepare for the possibility of an event Make sure you have all of the tools to respond to any challenge Discuss and document your response plans for different types of events Conduct training with your team Sleep better at night knowing you are prepared

18 Questions?

19 Disclaimer This is not a legal advice and you should seek legal advice regarding any of the issues referred to. This area of law is regularly amended and new cases decided, requiring updated information.

20 Special Thanks Specialist in strata insurance loss adjusting and consulting services Simon Katz Managing Director- Executive Adjuster ANZIIF (ASSOC.) CIP Liability limited by a scheme approved under Professional Standards Legislation

21 Thank you Legal advice should be sought in relation to any matters relating to the contents of this presentation or these slides. T (02) F (02) M E dbannerman@bannermans.com.au A Suite 702, 2 Elizabeth Plaza, North Sydney, NSW 2060 PO Box 514, North Sydney, NSW 2059 Liability limited by a scheme approved under Professional Standards Legislation

Building Defects and Recent Case Studies

Building Defects and Recent Case Studies Presenter David Bannerman 7 October 2011 T (02) 9929 0226 F (02) 8920 2427 M 0403 738 996 E dbannerman@bannermans.com.au A Suite 702, 2 Elizabeth Plaza, North Sydney,