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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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    Introduction to AS 2124

    The Australian Standard AS 2124-1992 General Conditions of Contract remains a widely used form of construct only head contract, despite it having been succeeded by AS 4000-1997 and now being ...

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    Australia’s new Whistleblower Laws: A Summary

    The federal government has introduced legislation outlining new consolidated protections for whistleblowers, and requiring public, large private companies and trustees of private companies that ...

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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 ...

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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 a contractor be liable after the defects liability period?

    Usually, yes. A contractor will normally remain liable for defects after the defects liability period has expired. This article addresses a common misconception about the defects liability period ...

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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 ...

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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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    10 things you should know about AS 4000

    Although AS 4000 is one of the most widely used construction contracts in Australia, many people remain unfamiliar with the detail. You can find our easy to understand explainer right here. The ...

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    What is the prevention principle?

    The 'prevention principle' is a legal doctrine that protects a contractor from liquidated damages for delays caused by the principal. The basic idea is that a party to a contract should not be ...

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    What is a fiduciary duty?

    A fiduciary duty exists where a person or company is required to put another person's interests before their own. It arises from a relationship of trust and confidence, such as the relationship ...

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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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    Should you engage a construction lawyer?

    The fact that you're reading this suggests that the answer could be yes. But before making a decision either way, there are a number of factors you need to consider, including cost.

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    Are you asking the right question?

    When people come to us for advice, or even just visit our website, it's because they have a specific problem to solve. And a lot of the time, after we start speaking to them, it becomes apparent that ...

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    What does a construction lawyer do?

    This article describes what construction lawyers do, to help you decide whether they might be worth the investment. Although they work in a relatively narrow niche, the range of services offered by co...

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    How does security of payment work in Queensland?

    The Building Industry Fairness (Security of Payment) Act 2017 (Qld) took effect on 17 December 2018. The Act’s predecessors, the Building and Construction Industry Payments Act 2004 (Qld) and the Subc...

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    Why it's so hard to find a good lawyer

    There are more than 65,000 practising lawyers in Australia. This article explains why it’s so hard to find a good one.

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    What’s the difference between a claims consultant and a construction l...

    The services offered by claims consultants and construction lawyers are quite different. Who you need depends on your circumstances, and there will be times where you might need both. If you need advi...

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