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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 ...

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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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    10 differences between AS 4000 and AS 2124

    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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    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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    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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    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 ...

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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 ...

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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 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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    Posts by Andrew Hernandez | Lawyer :

    How to resolve a difficult contract issue

    Although you can't dictate how or when a contract issue will be resolved, you can take steps that will positively influence the outcome. This article explains how disputes get resolved, and summarises...

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    Termination for convenience clauses in a construction contract

    A termination for convenience clause allows a party to a contract to terminate it for any reason, even where the other party has done nothing wrong. This article explains how these clauses work.

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    How do you terminate a construction contract for breach of contract?

    To terminate a contract for breach of contract, there is a process you will need to follow. If you get it wrong, the other party may be able make a claim against you. Keep reading to learn how it work...

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    What is a qualifying cause of delay under AS 4902?

    A qualifying cause of delay under AS 4902 is a delay for which the contractor can claim an EOT. The specific qualifying causes of delay are explained in more detail below.

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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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    What is a qualifying cause of delay under AS 4300?

    Clause 35.5 identifies the causes of delay for which the contractor can claim an extension of time under AS 4300.  Compared with other forms of contract, the list of qualifying causes is relatively br...

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