top of page

Avoiding Construction Disputes Pt. 1

Know what has been agreed in the Contract.


ree

The Contract must be read as a whole. For commercial matters the important considerations are:

  • Scope of Works, design, specification, relevant standards

  • Contract conditions particularly payment terms (including retention/holdback), contract milestones and completion dates, provisions covering Changes /Variations

  • Risk allocation – who carries commercial responsibility for ground conditions, weather events, environment, design, access, permits etc. and if events occur will the Contract Price and Work Schedule be adjusted?

  • How changes are to be managed, provisions for Employer Instructions, triggers for notification of change (date of change, or becoming aware of change), periods for notifying Change and effect of late notification.

  • How the Work Schedule / Contract Program is managed and updated for progress and Changes.

  • Insurances and deductibles, who is responsible for taking out the required insurance cover and notifying claims

Most contract disputes arise because the Parties fail to understand or comply with their respective obligations under the Contract.

Comments


bottom of page