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    When can you terminate a construction contract for repudiation?

    If the other party repudiates the contract, you will have the right to terminate it. This is a right that exists at common law, outside the contract. This article explains how it works.

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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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    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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    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 ...

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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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    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 ...

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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 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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    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 permitt...

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    Can you be awarded an extension of time without claiming one?

    A recent case in NSW shows that a superintendent can be required to grant an EOT even where the contractor is barred from claiming one. Whether this is the case for you will depend on the terms of you...

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