Professional Services Disclaimer

Last updated: 9 October 2026

1. About this Disclaimer

This Professional Services Disclaimer applies to information concerning professional engineering services provided or promoted by:

East Coast Structural Engineering Consultant Pty Ltd
Trading as ECSEC
ABN 40 702 108 307
Attention: Luay Al-loos
c/o Work Inc
6 Middlemiss Street
Lavender Bay NSW 2060
Australia

Email: info@ecsec.com.au
Website: Visit the ECSEC website

In this Disclaimer:

• ECSEC, we, us and our mean East Coast Structural Engineering Consultant Pty Ltd;

• you and your mean a website visitor, prospective client, client or other person who receives or accesses information from ECSEC;

• Professional Services means structural-engineering, design, assessment, review, inspection, construction-support, advisory or related services provided under a written engagement; and

• Engagement Agreement means an accepted proposal, consultancy agreement, contract or other written appointment setting out ECSEC’s agreed services.

This Disclaimer should be read together with ECSEC’s:

• Website Terms of Use;

• Website Disclaimer;

• Privacy Policy;

• Digital Product Licence;

• Refund Policy; and

• applicable Engagement Agreement.

2. General information only

Information published on the ECSEC website or communicated before a formal appointment is general information only.

Unless expressly issued as part of an agreed Professional Service, it does not constitute:

• project-specific structural-engineering advice;

• a complete structural design;

• structural certification;

• a design compliance declaration;

• independent design verification;

• construction documentation;

• approval of construction work;

• approval of a structural system;

• a building approval or development consent;

• legal, financial, insurance or regulatory advice; or

• a recommendation that a particular solution be adopted on a project.

General information must not be relied upon as a substitute for advice prepared for the particular project by an appropriately qualified and authorised professional.

3. Written engagement required

ECSEC provides project-specific Professional Services only after the scope and commercial terms have been accepted in writing.

A Professional Services relationship is not created merely because you:

• visit or use the website;

• submit an enquiry;

• request a quotation;

• send drawings, reports or project documents;

• communicate with ECSEC by email, telephone or social media;

• attend a preliminary discussion;

• receive general comments;

• read an article or case study;

• purchase a Digital Product; or

• receive acknowledgment that information has been received.

ECSEC does not accept responsibility for a project, design, deadline, submission, site condition or deliverable until a written Engagement Agreement has been accepted and any stated commencement requirements have been satisfied.

4. Scope of Professional Services

ECSEC’s duties and responsibilities for a project are limited to the services expressly identified in the applicable Engagement Agreement.

Depending on the commission, the agreed scope may include some or all of the following:

• structural concept design;

• feasibility advice;

• structural analysis;

• reinforced-concrete design;

• post-tensioned-concrete design;

• structural-steel design;

• structural documentation;

• existing-building assessment;

• strengthening or remediation advice;

• peer review or independent design verification;

• design coordination;

• construction-phase support;

• responses to requests for information;

• site observations or inspections; and

• technical reporting.

Reference to a service on the website does not mean that the service is included in every engagement.

5. Services outside the agreed scope

Unless expressly included in the Engagement Agreement, ECSEC does not accept responsibility for:

• architectural design;

• geotechnical engineering;

• surveying;

• civil, hydraulic, mechanical or electrical engineering;

• fire-engineering design;

• building certification;

• planning approval;

• quantity surveying or cost planning;

• environmental assessment;

• hazardous-material investigations;

• construction management;

• site supervision;

• workplace health and safety management;

• contractor means and methods;

• temporary works;

• demolition methodology;

• shop detailing or fabrication;

• services performed by other consultants;

• design work undertaken before ECSEC’s appointment; or

• work undertaken following suspension or termination of ECSEC’s engagement.

If an additional service becomes necessary, ECSEC may provide it under an agreed written variation or separate appointment.

6. Client responsibilities

The client is responsible for:

• providing accurate, complete and timely project information;

• clearly communicating the intended project use and requirements;

• identifying relevant programme and approval deadlines;

• providing access to the site where necessary;

• engaging other consultants required for the project;

• coordinating the project team unless coordination is expressly included in ECSEC’s scope;

• notifying ECSEC promptly of design, loading or construction changes;

• ensuring that ECSEC’s documents are issued to relevant parties;

• obtaining required approvals and permissions;

• paying agreed fees and reimbursable expenses; and

• complying with the client’s obligations under the Engagement Agreement.

ECSEC may be unable to complete or verify its services where necessary information has not been provided.

7. Reliance on information supplied by others

ECSEC may rely on information provided by:

• the client;

• architects;

• surveyors;

• geotechnical engineers;

• builders and contractors;

• specialist subcontractors;

• other engineers and consultants;

• product manufacturers and suppliers;

• utility providers;

• authorities;

• existing drawings and reports; and

• other project participants.

Unless verification is expressly included in the agreed scope, ECSEC is not responsible for independently verifying every item of information supplied by others.

The client and relevant providers must notify ECSEC promptly if supplied information is incorrect, incomplete, inconsistent, superseded or changed.

ECSEC may revise its advice or documentation if the information on which it relied changes. Additional work may constitute a variation to the agreed scope and fee.

8. Project-specific nature of advice

Engineering advice, calculations, drawings, reports and specifications prepared by ECSEC are specific to the:

• identified client;

• nominated project;

• stated purpose;

• project location;

• supplied information;

• agreed scope;

• design assumptions;

• applicable project stage; and

• conditions known when the work was prepared.

They must not be:

• used for another project;

• used for another site;

• applied to a different structural arrangement;

• relied upon for a purpose for which they were not prepared;

• separated from their assumptions and limitations;

• altered without appropriate professional review; or

• relied upon after material project conditions have changed.

Written approval from ECSEC should be obtained before its documents or advice are used for a purpose outside the original engagement.

9. Third-party reliance

Unless ECSEC expressly agrees otherwise in writing, Professional Services and deliverables are prepared solely for the client identified in the Engagement Agreement.

A third party must not rely on ECSEC’s:

• advice;

• calculations;

• drawings;

• reports;

• certificates;

• design reviews;

• inspection records; or

• other deliverables

without ECSEC’s prior written agreement.

ECSEC may require an identified third party to enter into a separate reliance agreement that addresses:

• the permitted purpose of reliance;

• the information being relied upon;

• assumptions and limitations;

• the reliance period;

• intellectual property;

• confidentiality;

• liability;

• insurance; and

• applicable fees.

Providing a copy of an ECSEC document to a third party does not, by itself, authorise that party to rely upon it.

10. Preliminary and draft information

Preliminary, concept, draft, tender-stage or review-stage information may be incomplete and subject to further development.

Documents marked or described as:

• preliminary;

• draft;

• concept;

• for information;

• for review;

• not for construction;

• tender issue;

• pricing issue; or

• subject to coordination

must not be used for construction unless ECSEC subsequently issues or confirms them for that purpose.

Preliminary dimensions, member sizes, reinforcement quantities and structural arrangements may change during design development and coordination.

11. Construction documents

Construction must be based only on current, authorised documents issued for construction or for the specific stated purpose.

Before relying on an ECSEC document, users should confirm:

• its title and drawing number;

• revision;

• issue date;

• issue purpose;

• project and site;

• status;

• referenced documents; and

• whether a later revision has been issued.

Superseded, preliminary or unauthorised documents must not be used for construction.

12. Design changes and variations

Changes to the project may affect ECSEC’s design, advice, programme, deliverables and fees.

Relevant changes may include modifications to:

• architectural geometry;

• grid arrangements;

• loading;

• building use or classification;

• structural systems;

• member sizes;

• materials;

• levels and dimensions;

• penetrations and services;

• façade systems;

• fire requirements;

• durability requirements;

• geotechnical conditions;

• construction sequence;

• temporary works;

• contractor methodology; or

• applicable legislation, approvals, codes or standards.

Proposed changes affecting structural work must be referred to ECSEC before the affected work proceeds.

A change is not approved merely because ECSEC received, was copied into or did not immediately respond to correspondence concerning it.

13. Applicable legislation, codes and standards

The regulatory and technical requirements applicable to Professional Services may depend on:

• the jurisdiction;

• project location;

• building classification;

• project type;

• approval pathway;

• scope of work;

• structural system;

• date of design or approval;

• transitional arrangements; and

• ECSEC’s professional role.

ECSEC’s internal planning recognises the Design and Building Practitioners Act 2020 (NSW), the National Construction Code, applicable Australian Standards and professional registration requirements as relevant parts of its compliance framework, with requirements varying according to the project and jurisdiction.

References to standards or legislation on the website are general. The requirements applicable to a particular project must be established through the project-specific engagement.

14. Regulated engineering work

Professional engineering and regulated design work may be subject to registration, insurance, documentation and declaration requirements.

In New South Wales, professional engineers must be registered under the Design and Building Practitioners Act 2020 to undertake professional engineering work directly concerning regulated Class 2, 3 and 9c buildings. A professional engineer must also hold the relevant design-practitioner registration to prepare regulated designs and make design compliance declarations.

The Act also contains provisions dealing with professional engineering work, registration, indemnification, compliance declarations and a statutory duty of care.

ECSEC will determine whether it can accept regulated work based on:

• the project jurisdiction;

• required services;

• building classification;

• applicable registrations;

• current insurance;

• competence and capacity; and

• the terms of the proposed appointment.

Information on the website must not be interpreted as confirmation that ECSEC can undertake every regulated role in every jurisdiction.

15. Design compliance declarations

A design compliance declaration is provided only where:

• the work falls within the applicable regulatory scheme;

• ECSEC or the responsible practitioner holds the required registration;

• the declaration is included in the agreed scope;

• the necessary design and supporting information have been completed;

• applicable checking and review requirements have been satisfied; and

• the practitioner is professionally able to make the declaration.

General advice, preliminary designs, website information, quotations and Digital Products do not constitute design compliance declarations.

16. Duty of care

Nothing in this Disclaimer excludes, restricts or transfers any statutory duty of care that cannot lawfully be excluded or delegated.

Part 4 of the Design and Building Practitioners Act 2020 includes a statutory duty of care and provides that the duty must not be delegated and cannot be contracted out of.

This Disclaimer must therefore be read subject to the statutory and common-law duties applying to the particular engagement.

17. Serviceability, durability and structural performance

Structural design may involve consideration of:

• strength;

• stability;

• deflection;

• vibration;

• cracking;

• durability;

• robustness;

• fire resistance;

• construction stages;

• movement;

• restraint; and

• long-term behaviour.

Acceptable structural behaviour does not necessarily mean that a structure will be entirely free from:

• visible cracking;

• movement;

• deflection;

• vibration;

• shrinkage;

• creep;

• settlement;

• cosmetic variation; or

• maintenance requirements.

The applicable performance criteria depend on the project, materials, standards, intended use, architectural requirements, construction quality and agreed design basis.

Any project-specific criteria must be documented and agreed as part of the engineering engagement.

18. Existing structures

Assessments of existing structures are limited by:

• the information available;

• accessible areas;

• visibility of structural elements;

• the extent of opening-up or testing;

• accuracy of available drawings;

• concealed construction;

• previous modifications;

• deterioration;

• workmanship;

• environmental exposure; and

• the agreed investigation scope.

Unless destructive investigation, testing or comprehensive verification is included in the scope, ECSEC cannot confirm every concealed condition.

An assessment based on a visual inspection or limited records does not constitute a guarantee that all defects, hazards or non-compliances have been identified.

If unexpected conditions are uncovered, work should stop where necessary and ECSEC should be notified before affected construction proceeds.

19. Site inspections and observations

A site inspection or observation by ECSEC:

• is limited to the purpose and scope identified in the engagement;

• is based on conditions reasonably observable at the time;

• is not continuous or exhaustive supervision;

• does not constitute a complete audit of all construction work;

• may not identify concealed or inaccessible defects;

• does not relieve the builder or contractor of contractual or statutory responsibilities; and

• does not guarantee that all work complies with the drawings, specifications, legislation or standards.

The builder and relevant contractors remain responsible for workmanship, construction methods, sequencing, temporary stability, quality control and site safety, except where ECSEC expressly accepts a particular responsibility in writing.

20. Shop drawings and contractor submissions

ECSEC’s review of shop drawings, fabrication drawings, reinforcement details, tendon layouts, stressing records, product data or contractor submissions is limited to the purpose stated in the engagement.

Unless expressly agreed otherwise, review does not:

• transfer responsibility for fabrication or detailing to ECSEC;

• verify every dimension;

• confirm quantities;

• approve construction methods;

• approve temporary works;

• verify site measurements;

• guarantee regulatory compliance outside ECSEC’s scope; or

• relieve the contractor, fabricator or supplier of responsibility for its work.

The contractor remains responsible for checking dimensions, coordination, fabrication, erection, construction methods and compliance with its contractual obligations.

21. Construction methods and temporary works

Unless expressly included in ECSEC’s written scope, ECSEC is not responsible for:

• construction means and methods;

• temporary stability;

• temporary bracing;

• propping and reshoring;

• formwork;

• lifting and erection;

• excavation support;

• demolition sequencing;

• construction loads;

• contractor-designed elements;

• temporary works; or

• site safety.

Contractors remain responsible for preparing and implementing safe and suitable construction procedures and for engaging appropriately qualified temporary-works designers where required.

Permanent works must not be assumed to support construction loads or temporary conditions unless those conditions have been identified and considered in the design.

22. Contractor substitutions

A contractor, supplier or other party must not substitute:

• structural materials;

• reinforcement;

• tendons;

• steel grades;

• proprietary products;

• connection systems;

• anchors;

• construction systems; or

• other specified elements

without obtaining the reviews and approvals required by the project documents and applicable law.

A substitution may affect strength, stiffness, durability, fire resistance, detailing, load paths, construction sequence, certification and regulatory compliance.

Receipt of substitution information by ECSEC does not constitute approval unless ECSEC expressly confirms approval in writing within its agreed scope.

23. Workmanship and quality control

Structural performance can depend on construction quality and conformity with project documents.

Builders, fabricators, suppliers and contractors remain responsible for:

• carrying out their work competently;

• checking dimensions and site conditions;

• implementing quality-control procedures;

• complying with drawings and specifications;

• conducting required testing;

• maintaining records;

• reporting discrepancies; and

• correcting defective or non-conforming work.

ECSEC’s involvement does not replace the quality-assurance responsibilities of those performing the work.

24. Discrepancies and requests for information

Any discrepancy, ambiguity, omission, conflict or unexpected condition affecting structural work must be referred to ECSEC before the affected work proceeds.

The relevant party should provide:

• the project name;

• drawing or document reference;

• revision;

• location of the issue;

• clear description;

• photographs or marked-up documents;

• proposed response, where applicable; and

• required response date.

Construction should not proceed based on assumptions where clarification is required for structural safety or compliance.

25. Programme and response times

ECSEC will use reasonable professional efforts to perform services in accordance with the agreed programme.

However, dates may be affected by:

• late or incomplete information;

• client decisions;

• design changes;

• consultant coordination;

• authority requirements;

• contractor submissions;

• site conditions;

• scope variations;

• third-party delays;

• emergency work; or

• circumstances outside ECSEC’s reasonable control.

A requested date does not become binding merely because it appears in correspondence. Programme commitments should be recorded in the Engagement Agreement or a subsequently agreed written programme.

26. Cost estimates and value engineering

Any discussion of cost, material savings, structural efficiency, construction economy or value engineering is subject to project-specific factors.

Unless cost-estimating services are expressly included, ECSEC does not act as a quantity surveyor and does not guarantee:

• tender prices;

• construction costs;

• material rates;

• labour productivity;

• procurement outcomes;

• programme savings;

• market availability; or

• a particular commercial result.

Cost implications should be reviewed by an appropriately qualified quantity surveyor, estimator, builder or other relevant professional.

27. Digital Products and Professional Services

Purchasing or using an ECSEC engineering spreadsheet, workbook, template or other Digital Product does not constitute a Professional Services engagement.

ECSEC Digital Products are calculation aids and technical resources. The user remains responsible for:

• verifying inputs;

• reviewing assumptions;

• independently checking calculations;

• checking the complete structural system;

• identifying applicable standards;

• exercising competent professional judgement; and

• obtaining professional approval where required.

Any project-specific assistance requested in connection with a Digital Product may require a separate Professional Services engagement.

28. Intellectual property

Unless otherwise agreed in writing, ECSEC retains ownership of its pre-existing and independently developed intellectual property, including:

• calculation methods and templates;

• engineering spreadsheets;

• standard details;

• design workflows;

• report formats;

• technical content;

• drawings and calculation tools;

• software and macros; and

• general know-how.

A client’s permission to use project deliverables is governed by the relevant Engagement Agreement.

No person may reproduce, modify, distribute, commercialise or repurpose ECSEC’s protected material beyond the rights granted in writing.

29. Confidentiality and privacy

ECSEC will handle personal information consistently with its Privacy Policy and applicable privacy law.

Project information may be shared where reasonably necessary with:

• the client;

• authorised project participants;

• ECSEC personnel and subcontractors;

• insurers and professional advisers;

• technology and document-management providers;

• regulators or authorities; and

• other parties authorised or required by law.

Confidentiality obligations applying to a specific project should be addressed in the Engagement Agreement.

Clients should not send highly sensitive or privileged material through unsecured channels without first agreeing on an appropriate method of transfer.

30. Professional indemnity insurance

ECSEC’s risk-management planning provides for professional indemnity insurance appropriate to its structural-engineering services and contractual exposures, together with formal design bases, checking, approvals and controlled issue processes.

The existence of insurance does not:

• expand ECSEC’s agreed scope;

• create an obligation outside the Engagement Agreement;

• guarantee that a particular event is insured;

• waive policy conditions or exclusions; or

• remove the client’s or another party’s responsibilities.

Industry guidance recommends that engineers ensure their contractual obligations are clearly defined, fair and balanced, and do not create unnecessary or inappropriate liabilities beyond their professional duties or insurance coverage.

31. No guarantee of approvals or outcomes

ECSEC does not guarantee:

• planning approval;

• building approval;

• design acceptance by another consultant;

• authority acceptance;

• certification by a third party;

• tender success;

• a particular construction cost;

• completion within a particular programme;

• absence of construction variations;

• elimination of all structural risk; or

• a specific commercial outcome.

These outcomes may depend on authorities, clients, other consultants, builders, contractors, suppliers, site conditions and matters outside ECSEC’s control.

ECSEC will perform the agreed Professional Services with the standard of care required by the Engagement Agreement and applicable law.

32. Limitation of general website liability

Nothing in this Disclaimer excludes, restricts or modifies a right, guarantee, duty, remedy or liability that cannot lawfully be excluded, restricted or modified.

Subject to that requirement and to the maximum extent permitted by law, ECSEC is not liable for loss arising solely from:

• reliance on general website information as project-specific advice;

• use of preliminary or superseded information;

• use of an ECSEC document for an unauthorised purpose;

• reliance by an unauthorised third party;

• failure to disclose relevant project information;

• unauthorised modification of ECSEC documents;

• failure to refer design or construction changes to ECSEC;

• use of a Digital Product without appropriate checking; or

• work outside ECSEC’s agreed scope.

Any project-specific allocation or limitation of liability must be addressed in the applicable Engagement Agreement and interpreted subject to the law.

33. Emergency and urgent matters

The ECSEC website, contact form and general email should not be relied upon as emergency reporting channels.

If there is an immediate risk to life, safety or property:

• stop affected work where safe to do so;

• keep people away from the affected area;

• contact emergency services where required;

• notify the responsible builder, owner or site controller; and

• obtain prompt advice from an appropriately qualified professional.

Sending an email or website enquiry does not confirm that ECSEC has received, reviewed or accepted responsibility for an urgent situation.

34. Changes to this Disclaimer

ECSEC may update this Professional Services Disclaimer to reflect changes to:

• its services;

• professional practices;

• business operations;

• legislation;

• regulatory schemes;

• insurance arrangements; or

• website content.

The current version will be published on the ECSEC website with its last-updated date.

Changes to this website Disclaimer do not amend an executed Engagement Agreement unless the parties agree otherwise in writing or applicable law requires it.

35. Governing law

This Disclaimer is governed by the laws of New South Wales, Australia.

This provision is subject to any mandatory jurisdictional requirements and any governing-law provision contained in an applicable Engagement Agreement.

36. Contact ECSEC

For enquiries about ECSEC’s Professional Services or this Disclaimer, contact:

East Coast Structural Engineering Consultant Pty Ltd
Trading as ECSEC
ABN 40 702 108 307
Attention: Luay Al-loos
c/o Work Inc
6 Middlemiss Street
Lavender Bay NSW 2060
Australia

Email: info@ecsec.com.au
Website: Visit the ECSEC website