The undertaking manager will manage the process and performance of undertaking accepted by the NSW Building Commissioner that are offered by a developer.

Project goals

The Building Commission NSW is looking for individuals with extensive experience in construction particularly in class 2 buildings to help support the work of Project Intervene in resolving serious defects in apartment buildings. You will also need negotiation or alternative dispute resolution, and an outcomes focused mindset. 

Statement of Work

Project Intervene is an initiative by the NSW Government to assist owners corporations have their serious defects remediated by the developer through an undertaking. The program provided an alternative to litigation brought by owners corporation which can be expensive and time consuming.

The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (RAB Act) empowers the regulator (Building Commission NSW) to investigate serious defects and issue orders to the developer to remediate, minimise or eliminate the defect. As an alternative to issuing orders, Building Commission can accept an undertaking from the developer. Serious defect is a defined term in the RAB Act with reference to the building elements defined in the Design and Building Practitioners Act 2020.

Project Intervene outsourced the investigation function to a panel of industry experts to carry out an inspection and produce a report of serious defects identified in the building(s). Where the report has confirmed observations of serious defects in a building, the Building Commission will propose to issue a building work rectification order, or the developer can offer an undertaking to remediate those serious defects. The objective is to enter into an undertaking, as it provides for appointment of an independent undertaking manager and process for the parties to work together to agree to the list of serious defects.

The role of an undertaking manager is crucial to the success of an undertaking. They work with the developer to ensure the undertaking is performed. One of their key roles is to work with the stakeholders to finalise the serious defects list which is forms part of undertaking as an annexure.

Undertaking Manager Attributes

To be successful as an undertaking manager, you will need to have the following:

• construction experience, particularly in class 2,

• experience dealing with complex building issues and homeowners dealing with direct impact of building issues,

• negotiation and alternative dispute resolution in construction context (could include facilitation),

• experience in an appropriate project management role,

• knowledge of Building codes and standards, the RAB Act and DBP Act, with an emphasis on compliance requirements,

• knowledge of strata scheme management legislation

• proactive and responsive, and

• intermediate computer skills.

Requirements

Mandatory requirements

Social procurement (Aboriginal Procurement Policy) *

Building and property

Category and estimated value is subject to social procurement.

If you are successful in winning this opportunity you will be required to submit quarterly reporting, do you agree?

Response type

Radio button (Yes/No)

Social procurement (Shorter Payment Terms Policy) *

Building and property

Category and estimated value is subject to social procurement.

If you are successful in winning this opportunity you will be required to submit quarterly reporting, do you agree?

Response type

Radio button (Yes/No)

Social procurement (SME Policy) *

Building and property

Category and estimated value is subject to social procurement.

If you are successful in winning this opportunity you will be required to submit quarterly reporting, do you agree?

Response type

Radio button (Yes/No)

Opportunity requirements

1. Statement of Work

Project Intervene is an initiative by the NSW Government to assist owners corporations have their serious defects remediated by the developer through an undertaking. The program provided an alternative to litigation brought by owners corporation which can be expensive and time consuming.

Response type

Free text

Please see attached files in the link for more information