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Browse or search our extensive collection of articles below.

    What is a share subscription agreement?

    A share subscription agreement sets out the terms on which an investor agrees to buy shares from a private company.  It is often used to formalise informal arrangements agreed between the parties in ...

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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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    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 to ...

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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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    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 site ...

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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 follow ...

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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 not ...

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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 third ...

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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 :

    5 crucial tips for a rise and fall clause

    Rise and fall clauses are one way principals and contractors are seeking to mitigate pricing risk in the current market. Despite being used rarely in the decades leading up to the COVID pandemic, they...

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    How to automate your contracting processes: where to start

    The biggest obstacle for most organisations seeking to improve their contracting process is simply knowing where to start.  Unsure which improvement projects to prioritise, which type(s) of technology...

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    Due diligence guide for investors

    This guide explains the different types of due diligence investigations that are normally undertaken by investors in private companies, such as angel investors, private equity firms and companies look...

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    Employee Share Schemes Tax Basics

    The tax rules that apply to employee share schemes in Australia are extremely complicated. This post explains the basics, and also explains how companies commonly structure employee share schemes in r...

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    What is the vesting period in an ESOP?

    The vesting period in an ESOP is the initial period when participants do not have access to all of the rights that would otherwise attach to their options or shares. This article explains how they wor...

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    How do employee option schemes work?

    Employee option schemes are designed to allow employees to share in the value of the company’s future growth. This post explains how they work.

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