Industry Disclaimer
Version: 2026.1 Effective Date: 18 April 2026 Status: Active
This Construction Industry Disclaimer forms part of the Outpost Terms of Service. By accepting the Terms of Service, you also accept this Disclaimer.
The Services produce drafts and informational outputs for use in a construction business. They can make you faster, more organised, and better informed. They cannot, and do not, replace qualified professionals. Relying on an Outpost output without independent review by a suitably qualified human being can expose you, your workers, your subcontractors, your clients, members of the public, and third parties to serious - sometimes catastrophic - consequences including injury, death, property damage, rejected payment claims, missed statutory deadlines, invalid notices, defective work, regulatory penalties, loss of licences, loss of insurance cover, contractual damages, and reputational harm.
If you do not accept this Disclaimer, you must not use the Services.
1.1 The Services are a productivity and intelligence platform. They are not:
(a) a licensed building practitioner, architect, engineer, surveyor, quantity surveyor, work health and safety practitioner, lawyer, accountant, tax adviser, town planner, environmental consultant, or certifier; (b) a source of legal, engineering, financial, tax, planning, environmental, safety, valuation, or investment advice; (c) a substitute for on-site judgement, inspection, supervision, or sign-off by a qualified human; (d) a source of certification, accreditation, or compliance sign-off under any Act, Regulation, Standard, Code, scheme, or contract; or (e) a party that assumes any project role, contract role, or statutory role on your behalf.
1.2 Using the Services does not create a professional, client, fiduciary, advisory, or consulting relationship between you and the Operator. The Operator is a software provider and nothing more.
1.3 The Services produce drafts. Every draft must be reviewed, verified, corrected, and approved by a suitably qualified human before being used, relied on, issued, submitted, signed, filed, lodged, acted on, or communicated externally.
2.1 The following output categories are drafts and must not be used, issued, submitted, lodged, filed, served, signed, or acted on without independent review by a suitably qualified human with the relevant expertise, licensing, and authority:
(a) Programmes, critical-path analyses, and forecasts (including durations, float, lead times, delay analysis, productivity estimates, and crew loadings); (b) Cost estimates and priced schedules (including BOQs, rates, markups, preliminaries, contingencies, and cash flows); (c) Tender responses and bid documents (including cover letters, methodologies, schedules of rates, compliance matrices, referee lists, and returnable schedules); (d) Bid/no-bid decision briefings (including risk scoring, capability assessments, and pursuit recommendations); (e) Progress claims, payment claims, and payment schedules under Security of Payment legislation (see clause 4); (f) Notices under construction contracts (including notices of delay, variations, disputes, suspension, termination, breach, and extensions of time); (g) Extension-of-time (EOT) claims and supporting evidence packages, including programme impact analysis, cause-and-effect, and weather evidence; (h) Variation requests, variation claims, and quantum calculations; (i) Loss, expense, and disruption claims including prolongation cost and productivity-loss analyses; (j) Compliance extractions from tender documents, contracts, standards, and codes; (k) Safe Work Method Statements (SWMS), Job Safety Analyses (JSAs), risk assessments, toolbox talk notes, induction content, incident and hazard reports, and emergency plans; (l) Quality plans, inspection and test plans (ITPs), non-conformance reports, and project quality documentation; (m) Environmental management plans, erosion and sediment control plans, environmental monitoring, and contamination reports; (n) Subcontractor approvals, prequalification assessments, and engagement documentation; (o) Materials tracking, delivery records, and off-site storage records relied on for payment; (p) Plant and labour allocation records relied on for cost, claim, or WHS purposes; (q) Site diary entries, daywork records, and photographic registers relied on for contractual or legal purposes; (r) Market intelligence, pricing intelligence, competitor information, and benchmark outputs (see also clause 14 on defamation and misleading-or-deceptive conduct); (s) Automated communications and correspondence generated for external recipients (principals, subcontractors, authorities, adjudicators, courts); (t) Any output of any module, feature, or analysis added to the Services after the Effective Date, which is automatically within this clause 2.1 on release without further amendment; and (u) Any other output capable of giving rise to a contractual, statutory, safety, financial, or reputational consequence if acted on without review.
3.1 You must engage, and rely on, suitably qualified and (where applicable) licensed practitioners for any matter that requires professional judgement or statutory certification, including:
(a) Structural, civil, geotechnical, hydraulic, electrical, and mechanical engineering - a registered engineer under the law of the relevant State or Territory; (b) Building practitioner work - a licensed builder under the Home Building Act 1989 (NSW), Domestic Building Contracts Act 1995 (Vic), Queensland Building and Construction Commission Act 1991 (Qld), and equivalent laws in other jurisdictions; (c) Architecture - a registered architect; (d) Quantity surveying and cost engineering - a qualified QS or cost engineer; (e) Surveying - a registered surveyor; (f) Certification and building inspection - an accredited certifier; (g) Work health and safety advice, auditing, and competent-person assessment - a qualified WHS practitioner; (h) Planning and development - a town planner; (i) Environmental consulting and contamination - a qualified environmental consultant; (j) Legal advice on contracts, SOPA, adjudication, notices, and disputes - an admitted lawyer; (k) Tax, accounting, and financial reporting - a registered tax agent or chartered accountant; and (l) Heritage, Indigenous, and cultural-heritage matters - an appropriately accredited specialist.
3.2 You must not represent to any third party (including principals, authorities, courts, adjudicators, or regulators) that any Outpost output was prepared, verified, reviewed, certified, or authored by a licensed practitioner where it was not.
⚠ CRITICAL WARNING. Security of Payment payment claims and payment schedules have strict statutory deadlines that cannot be extended. Missing a deadline by one hour can forfeit your right to payment forever. A defect in form can make an otherwise valid claim void. The Services cannot protect you from either risk. You must independently verify timing and form for every SOPA document before it is served, and must obtain legal advice where the value or complexity of the claim warrants it.
4.1 The Services may draft progress claims, payment claims, payment schedules, response documents, adjudication applications, adjudication responses, and related correspondence under Australian Security of Payment legislation (collectively, "SOPA documents"). SOPA documents generated by the Services are drafts only.
4.2 You must independently verify, and obtain legal advice on where appropriate, whether every SOPA document:
(a) meets the form, content, service, and timing requirements of the relevant Act, including (as applicable):
(b) is served on the correct party, in the correct form, within the correct statutory and contractual windows; (c) is consistent with the underlying contract and the work actually performed; and (d) is reviewed by a person with the expertise to confirm compliance, which may require a construction lawyer, contract administrator, or claims consultant.
4.3 SOPA timeframes are strict and typically cannot be extended. Missing a statutory window can forfeit your rights to payment. The Operator accepts no responsibility for any forfeiture, invalidity, rejection, or loss arising from reliance on an Outpost SOPA document.
4.4 The Services are not legal advice on SOPA, adjudication, or contract administration.
5.1 You remain a person conducting a business or undertaking (PCBU) under the Work Health and Safety Act 2011 (Cth) (as applied in the States and Territories that have adopted the model law) and under equivalent law in Victoria and Western Australia. Your primary duty of care under section 19 of the model WHS Act (or its equivalent) is non-delegable and cannot be transferred, shared, or offloaded to the Operator by use of the Services.
5.2 WHS outputs generated by the Services (including SWMS, JSAs, risk assessments, inductions, toolbox talks, incident reports, emergency plans, and hazard registers) are drafts only. They must be reviewed, completed, and signed off by a competent person with the training, experience, and authority required by law, your industry, your site conditions, and your scope of work.
5.3 The Services do not see your site. They do not know what plant is on it, what workers are at risk, what sequencing you are actually using, what the weather is doing at the face, or what has changed since the last draft. You must assume an Outpost WHS draft is missing site-specific risks until you have verified otherwise through a competent person performing a site-specific risk assessment.
5.4 Relying on an Outpost-generated WHS document without competent human review is likely to constitute a breach of your primary duty of care. The Operator expressly disclaims responsibility for any such breach or its consequences.
5.5 High-risk construction work (as defined in the WHS Regulations) requires a SWMS prepared in accordance with the Regulations. A SWMS drafted by the Services does not satisfy the regulatory requirement on its own and must be finalised by a competent person, signed, controlled, and complied with on site.
6.1 Programmes, critical-path analyses, float calculations, delay analyses, EOT evidence, productivity estimates, and plant and labour allocations generated by the Services are not engineering advice, are not prepared by a registered engineer, and must not be relied on for any purpose that requires engineering judgement or registration.
6.2 Where engineering certification is required - including but not limited to structural, geotechnical, hydraulic, electrical, mechanical, environmental, and fire-engineering certification - that certification must come from a registered engineer, not from the Services.
6.3 Programme drafts must be reviewed by a qualified construction scheduler, project manager, or contract administrator before being (a) relied on for pricing, (b) issued to a principal, (c) relied on for EOT or delay-damages analysis, or (d) relied on for workforce or plant planning.
7.1 Tender documents, bid responses, methodologies, pricing, returnable schedules, and commercial correspondence generated by the Services are drafts and are not legal advice on contract formation, interpretation, enforceability, or compliance with tender conditions.
7.2 Tender conditions vary by principal, project, jurisdiction, and sector. Compliance with tender conditions is solely your responsibility. Outpost does not guarantee:
(a) that a bid generated is compliant with the principal's conditions of tender; (b) that a bid generated is conforming, complete, or responsive; (c) that price, programme, or technical content is accurate or achievable; (d) that representations in a bid are true or defensible; or (e) that an executed contract based on a bid is legally binding, enforceable, or free from defect.
7.3 Before submitting any bid, you must review the full tender pack, cross-check every returnable schedule, and - where the tender value or risk warrants it - obtain legal review.
8.1 Where you perform residential building work, you remain subject to home-building statutes including the Home Building Act 1989 (NSW), the Domestic Building Contracts Act 1995 (Vic), the Queensland Building and Construction Commission Act 1991 (Qld), and equivalent law elsewhere, including the statutory warranties, mandatory insurance, and licensing regimes imposed by those Acts.
8.2 The Services do not discharge any statutory warranty, licensing obligation, insurance obligation, or consumer-protection requirement owed to a homeowner. Those obligations remain yours alone.
8.3 The Services do not determine whether you require a builder's licence, home warranty insurance, a contract in writing, a statutory cooling-off disclosure, or any other regulated element of residential construction. You must determine those matters for yourself, with legal or regulatory advice where needed.
9.1 Outputs relating to planning, development approval, environmental management, erosion and sediment control, contamination, waste, heritage, Indigenous cultural heritage, or biodiversity are drafts and are not statutory advice under any planning, environmental, heritage, or land-use law.
9.2 Statutory consent, approval, certification, and sign-off must be obtained from the relevant authority and, where required, from an appropriately qualified and accredited consultant. The Operator accepts no responsibility for any penalty, stop-work order, prosecution, or cost arising from reliance on an Outpost output in this category.
10.1 When you upload or generate information about subcontractors, suppliers, labour-hire personnel, or third parties, the Services do not independently verify:
(a) licences, accreditations, or registrations held by that third party; (b) insurance policies held by that third party, their currency, or their adequacy; (c) financial solvency, trading history, or credit risk; (d) safety history, incident record, or regulatory record; (e) modern slavery, sanctions, or anti-bribery risk; (f) right-to-work status; or (g) identity of individuals.
10.2 Any such information shown within the Services has been drawn from data you, your integrations, or public sources have supplied. You are responsible for independent verification before engaging, paying, admitting to site, or relying on a third party.
10.3 The Services are not a licence verification service, insurance verification service, identity verification service, credit reference service, or probity service.
11.1 Where the Services present Australian Standards, codes, regulations, guidance, or compliance checklists, those materials are provided for convenience only and may not reflect the current version of the relevant Standard, code, regulation, or guidance.
11.2 Australian Standards are published by Standards Australia and protected by copyright. Where a Standard is referenced or summarised in the Services, the reference is informational and is not a substitute for purchasing, reading, and applying the current published version.
11.3 You must verify the current version of any Standard, code, regulation, or guidance before relying on it.
12.1 Materials, plant, delivery, and allocation records generated by the Services are based on data supplied by you, your integrations, or your team. The Services do not independently verify that materials delivered match what was ordered, that plant is serviceable or certified, that operators are ticketed, or that deliveries are free from over- or under-supply.
12.2 Records generated by the Services are not a substitute for on-site inspection, measurement, quality checks, or acceptance.
13.1 Claim documents, dispute notices, adjudication applications, and adjudication responses generated by the Services are drafts only.
13.2 You must not issue any such document without review by a construction lawyer, claims consultant, or contract administrator with the expertise to confirm compliance with:
(a) the contract; (b) the applicable Security of Payment Act; (c) the applicable civil procedure rules; (d) any arbitration, expert determination, or dispute-resolution clause; and (e) any limitation period that applies.
13.3 Missing a procedural or limitation deadline can forfeit rights permanently. The Operator accepts no responsibility for any such forfeiture or adverse outcome.
14.1 The Services may generate market-intelligence, benchmarking, pricing, and competitor-related outputs. Those outputs may mention third parties or make statements about them based on public sources and Aggregated Data.
14.2 Defamation and misleading-or-deceptive conduct risk. If you repeat, publish, forward, or otherwise communicate any Outpost output externally (including in tenders, bid interviews, marketing material, social media, or correspondence), you are responsible for:
(a) verifying the factual accuracy of any statement about a third party; (b) ensuring the statement is not misleading or deceptive, or likely to mislead or deceive, contrary to section 18 of the Australian Consumer Law; (c) ensuring the statement is not defamatory under the Defamation Act 2005 (model) or any equivalent law; and (d) ensuring the statement does not breach any passing-off, trade-mark, or confidentiality right.
14.3 The Operator accepts no liability for any claim brought against you arising from your external use of an Outpost output that contains or relies on market-intelligence content.
15.1 You must hold and maintain insurance appropriate to your construction business, including public liability, professional indemnity, workers compensation, and any trade- or project-specific cover, as required under clause 19 of the Terms of Service.
15.2 You must not:
(a) treat the Operator or the Services as a substitute for, or a means of transferring risk from, that insurance; (b) represent to any insurer, broker, or other party that Outpost outputs have been professionally reviewed, certified, or underwritten by the Operator; or (c) rely on Outpost outputs in a way that would void, reduce, or prejudice your insurance cover.
15.3 You must not assign, cede, or attempt to recover insurance costs from the Operator under any circumstances. For the avoidance of doubt, the Operator does not indemnify you against any claim (see clause 16.3 of the Terms of Service).
15.4 Policy exclusion warning. Some construction professional-indemnity and public-liability policies contain technology, software, artificial-intelligence, or automated-decision-making exclusions, or coverage conditions that turn on human review and sign-off. You are strongly encouraged to ask your insurance broker, before relying on the Services for any work that could trigger an indemnity claim, whether your policy responds to losses arising from reliance on software-assisted drafts. The Operator accepts no responsibility for any reduction, declination, or voiding of your insurance cover that arises from your use of, or reliance on, the Services.
16.1 You expressly assume the risk of using the Services and of relying on any Automated Analysis output. You acknowledge that:
(a) Outpost outputs can and do contain errors; (b) you have been specifically warned of the need for independent human review before reliance on any output; (c) you are in a better position than the Operator to assess the accuracy, completeness, and appropriateness of every output in the context of your specific project, contract, site, workforce, and jurisdiction; (d) the commercial bargain reflected in the credit-metered pricing model is predicated on this allocation of responsibility; and (e) the Operator does not hold itself out as possessing the expertise of any of the licensed practitioners listed in clause 3 and does not voluntarily assume a duty of care in tort to you or to any third party for the accuracy, completeness, or fitness for purpose of any Automated Analysis output.
16.2 Limitation of any duty found to exist. If, contrary to clause 16.1(e), a duty of care in tort is nevertheless found to exist on the facts of a particular matter:
(a) the duty is limited in scope to the exercise of reasonable care in the design, operation, and maintenance of the Services as software, and does not extend to the substantive accuracy, completeness, or fitness for purpose of any individual output; (b) the standard of care is informed by the assumption of risk in clause 16.1, by your mandatory human-review obligation under the Automated Analysis Disclaimer, and by your engagement of licensed practitioners under clause 3; and (c) any liability arising under any such duty is subject to the liability cap, exclusions, and carve-outs in clause 15 of the Terms of Service.
16.3 You will not assert, in any proceeding or claim, that any Outpost output was reasonably relied on without independent review. You agree that any such assertion would be contrary to the express warnings in this Disclaimer and the Automated Analysis Disclaimer and would not be made in good faith.
16.4 Contributory conduct. You acknowledge that any failure by you to perform the human review required by clause 1.3, clause 2, and the Automated Analysis Disclaimer constitutes contributory conduct that, to the maximum extent permitted by law, reduces or extinguishes any liability of the Operator in connection with the relevant output.
17.1 You agree that:
(a) you will not assert in any proceeding that Outpost outputs are a substitute for the advice, review, sign-off, or certification of any licensed or qualified practitioner; (b) any statement in an Outpost output that may read as advice is to be treated as a draft suggestion subject to your independent review; (c) you have not entered into any Order Form or subscription in reliance on any representation by the Operator other than those expressly set out in the Terms of Service, this Disclaimer, the Privacy Policy, and the Automated Analysis Disclaimer; (d) you have had the opportunity to obtain legal advice on the Terms of Service and this Disclaimer before accepting; and (e) any pre-contractual statement, brochure, demo, case study, or sales communication does not form part of the contract and is not relied on by you.
18.1 The Operator strongly recommends that you keep records of:
(a) the human review performed on each Outpost output before reliance; (b) the qualifications of the reviewer; (c) any corrections made to the output; (d) the date and time of review; and (e) the version of the output used.
These records assist you in demonstrating your own compliance with professional, statutory, and contractual obligations. The Services' audit trail module may assist with this record-keeping but is not a substitute for your own records.
19.1 To the maximum extent permitted by law, the Operator disclaims liability for any of the following arising out of or in connection with your use of, or reliance on, Outpost outputs:
(a) injury to or death of any person; (b) damage to property, plant, equipment, or the works; (c) project delay and extension-of-time costs, whether or not recovered from the principal; (d) liquidated damages, delay damages, and prolongation costs under your construction contracts; (e) cost overruns, loss of margin, and loss of profit; (f) rejected payment claims, forfeited SOPA rights, and adverse adjudication outcomes; (g) invalid, ineffective, or late notices under contract; (h) defective work, rework, and rectification costs; (i) non-compliance with Australian Standards, Codes, or Regulations; (j) disputes with principals, subcontractors, suppliers, or employees; (k) regulatory penalties, infringement notices, stop-work orders, prosecution, loss of licence, and costs of regulatory defence; (l) loss of tender, loss of prequalification, and loss of rating on third-party platforms; (m) loss of insurance cover, reduced indemnity, or increased premium; (n) defamation, misleading-or-deceptive conduct, or passing-off liability arising from external use of outputs; (o) claims by third parties who have relied on outputs without the Operator's consent; (p) environmental, heritage, or planning penalties; (q) WHS penalties, enforceable undertakings, and prosecution costs; and (r) any indirect, consequential, special, exemplary, or punitive damages.
19.2 This clause is subject to clause 15 of the Terms of Service, including the non-excludable-law carve-outs and the consumer-guarantee preservation in clause 14 of the Terms of Service.
20.1 This Disclaimer survives termination of the Terms of Service to the extent that any Outpost output remains in use or capable of being relied on.
20.2 This Disclaimer is cumulative with, and does not limit or replace, the disclaimers, liability cap, exclusions, and indemnities in the Terms of Service and the Automated Analysis Disclaimer. Where two provisions overlap, the one more protective of the Operator applies, to the extent permitted by law. In no event will the combined effect of these documents create a right, remedy, or cause of action in your favour that does not exist under the Terms of Service alone.
Capitalised terms used and not defined in this Disclaimer have the meaning given in the Terms of Service. "SOPA" means Security of Payment legislation in any State or Territory of Australia. "PCBU", "competent person", and "high-risk construction work" have the meanings given in the model Work Health and Safety Act 2011 and the Work Health and Safety Regulations 2011 (or the equivalent law in Victoria or Western Australia). "Competent person" in particular means a person who has acquired, through training, qualification, or experience, the knowledge and skills to carry out the relevant task.
By accepting this Disclaimer, you acknowledge that:
End of Construction Industry Disclaimer.