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Commercial Disputes Construction Contracting

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 n...

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Construction Contracting

How to review an indemnity in a construction contract

The key to negotiating indemnities is understanding how they work in the first place. This post covers the basics, with practical suggestions.

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Construction Contracting

When are unfair contract terms in a construction contract unenforceabl...

The Australian Consumer Law can protect small businesses from unfair contract terms in standard form contracts. This article explains when and how thi...

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Construction Contracting

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. Below are ten feat...

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Construction Contracting

Are time bars enforceable?

Time bars prevent a party from exercising a right under a contract outside a prescribed timeframe.The general rule is that time bars are enforceable, ...

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Construction Contracting

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 i...

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