6 signs your subcontract needs an urgent upgrade
It’s out of date. Nobody understands it. Subcontractors object to it. It’s clunky to assemble. It’s been written for another jurisdiction. You have to pay licence fees whenever you use it.
Read MoreA 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 a ...
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 ...
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 ...
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.
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.
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 ...
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.
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 ...
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.
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 ...
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.
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 ...
It’s out of date. Nobody understands it. Subcontractors object to it. It’s clunky to assemble. It’s been written for another jurisdiction. You have to pay licence fees whenever you use it.
Read MoreAlthough contractors sign new subcontracts every day, there is a surprisingly big gap between those who do it well, and those who do not. Errors in subcontracting can waste time, cost money and expose...
Read MoreSometimes an unexpected event will make the continued performance of a contract impossible or of a completely different nature to that originally agreed. Where this occurs, the doctrine of frustration...
Read MoreThere are two basic steps to terminating a construction contract. The first is to make sure that you have a right to terminate the contract. The second is to follow the right process. This article pro...
Read MoreBoth 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.
Read MoreA business exit is the only opportunity you will ever have to convert the underlying value of your business into cash. Regardless of when you think you might exit, you will exit at some point, and it’...
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