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    What is the meaning of 'latent condition'?

    This article explains the meaning of 'latent condition' and looks at the relevant definitions in some of the more commonly used forms of construct contract.

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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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    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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    Posts by Andrew Hernandez | Lawyer :

    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 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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    How will Australia’s modern slavery laws affect your business?

    Legislation has recently been passed by the NSW and Commonwealth Governments to combat modern slavery. This article summarises the changes and identifies the key steps you will need to take to ensure ...

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    What is a qualifying cause of delay under AS 2124?

    Clause 35.5 identifies the causes of delay for which the contractor can claim an extension of time under AS 2124.  Compared with other forms of contract, the list of qualifying causes is relatively br...

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    Is an early payment claim valid under security of payment?

    An early payment claim made in NSW or Queensland will have no effect under the security of payment legislation. In Victoria however, the position may be different.

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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 p...

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