Explore our articles below.

    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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    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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    The 5 key elements of a latent condition clause

    A latent condition clause regulates the contractor's ability to make claims for unexpected site discoveries. There are 5 key elements to any latent condition clause.

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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 Greg Henry | Principal :

    Why the worst time to engage a lawyer is when you really need one

    If you're like most people, you're not going to engage a lawyer unless you absolutely have to. Which is obviously fine. Just be aware that this is the time you're going to get the least possible value...

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    What does an ECI agreement cover?

    An ECI agreement is normally used where the principal wishes to divide the project into two phases: an ECI phase and a construction phase. This article summarises what you will typically find in an EC...

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    How to respond to an adjudication application in Victoria

    This page explains how to respond to an adjudication application under the Building and Construction Industry Security of Payment Act 2002 (Vic).

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    How to use AS 4916 Construction Management Contract

    AS 4916 is one of the most commonly used - and also misused - forms of construction management contract in Australia. This article explains how it works and also identifies areas where users frequentl...

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    How does security of payment work in Victoria?

    The purpose of the security of payment legislation is to promote cash flow down the contracting chain.  It does this in two ways.  First, it contains a number of general protections for contractors.  ...

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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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