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CONSTRUCTION CONTRACTS: FIVE QUICK TIPS

Are you a contractor or a developer? Do you often battle with prolonged or disrupted works? This month’s e-checklist highlights some of the simple tips and tricks to ensure that you don’t get caught in the usual traps.

  • Contractual time bars – They just must be met. Time bars refer to the strict time limits that apply to EOT and price variation claims. They are clauses in a construction contract that simply say, if you do not claim your EOT or price variation on time, then you cannot make that claim at all. There are no extensions, so there can be no excuses.
  • Notice and claim forms – These are absolutely essential for contractors to get paid and avoid liquidated damages for delay. Templates must be set up before you mobilise on site.
  • Design and construct or construct only – Know your responsibilities under the contract and their limits. If you are responsible for design, hire a competent architect and engineer; if that responsibility lies upstream, don’t interfere.
  • Attention owners/developers – Ask us about our unique construction contract clauses to protect your LDs and avoid unexpected cost increases.
  • Know your site – If you encounter hard rock or subsoil contamination, you may not get paid for the cost of dealing with it if you did not read the survey reports and/or have the site professionally surveyed before starting work.

This is general information only, and does not constitute specific legal advice. If you would like further information in relation to this matter or other legal matters please contact our office at reception@hhg.com.au or call us on 1800 609 945.

*This information serves as a general guide and does not constitute legal advice. It is based on our research and experience at the time of publication. Please consult our knowledgeable Legal Team for any specific inquiries or advice relevant to your circumstances, as the content may not have been updated subsequently.

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