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    What is a share subscription agreement?

    A share subscription agreement sets out the terms on which an investor agrees to buy shares from a private company.  It is often used to formalise informal arrangements agreed between the parties in ...

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    What is a construction management contract?

    A construction management contract is one type of Early Contractor Involvement (or ‘ECI’) arrangement, and differs from a traditional lump sum model in a number of respects. This article explains the ...

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    The different types of construction contract explained

    This article explains the different types of construction contract, and explains how to choose the right type of contract for your next project. Although the same general principles should apply to ...

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    What is a provisional sum?

    A provisional sum is an allowance included in a fixed price construction contract for an item of work that cannot be priced by the contractor at the time of entering the contract.

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    What is the defects liability period (DLP)?

    The defects liability period (or 'DLP') is a fixed period of time, starting from the date of practical completion, during which the contractor has an express contractual right to return to the site ...

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    9 types of security under a construction contract

    When you think of performance security under a construction contract, cash retentions and bank guarantees come to mind. However they are not your only options.

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    How to claim a variation under a construction contract

    Construction contracts usually contain specific procedures for claiming a variation - which, if not followed, can result in your entitlement to claim being lost. There are six basic steps to follow ...

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    Introduction to AS 4000

    AS 4000, more formally known as the Australian Standard AS 4000-1997 General Conditions of Contract, is one of the most widely used forms of head contract for construction projects in Australia.

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    Can contract notices be sent by email?

    With businesses conducting the majority of their day-to-day communications by email, it can be easy to assume that email will be a valid form of communication under a contract.  However that will not ...

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    What is Early Contractor Involvement (ECI) and how does it work?

    Early contractor involvement (or 'ECI') is a method of construction contracting that allows a builder to become involved, and potentially start work, before the design has been completed.

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    What's the difference between arbitration and mediation?

    Arbitration and mediation are two very different processes that allow parties to resolve disputes outside of court. Mediation involves a facilitated negotiation, whereas arbitration involves a third ...

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    Tag along, drag along and similar clauses in a shareholders agreement

    A shareholders agreement will normally address the situation where one or more parties wish to exit the venture, or where there is a falling out between shareholders. This article explains some of ...

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    Why your exit strategy needs to include an employee share scheme

    To get the best possible outcome on an exit event, you will need to ensure that your business is performing at its peak - right before the exit event, and often for a period of time after completion (...

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    6 signs your subcontract needs an urgent upgrade

      It’s out of date. Nobody understands it. Subcontractors object to it. It’s clunky to assemble. It’s been written for another jurisdiction. You have to pay licence fees whenever you use it.

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    5 common subcontracting mistakes

    Although contractors sign new subcontracts every day, there is a surprisingly big gap between those who do it well, and those who do not. Errors in subcontracting can waste time, cost money and expose...

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    When is a construction contract frustrated?

    Sometimes an unexpected event will make the continued performance of a contract impossible or of a completely different nature to that originally agreed. Where this occurs, the doctrine of frustration...

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    An introduction to terminating a construction contract

    There are two basic steps to terminating a construction contract. The first is to make sure that you have a right to terminate the contract. The second is to follow the right process. This article pro...

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    5 ways your contracts could be losing you money

    Both AS 2124 and its successor AS 4000 are widely used forms of construction contract in Australia. Although they have many similarities, there are some significant differences.

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