Insights

The Dos and Don’ts for reducing risk Effective contract management post-award is essential for minimising risk and ensuring that both parties to a contract fulfil their obligations. Whether you are the principal or contractor, clear communication, thorough documentation and timely responses are key to smooth project execution. Below, we explore the dos and don’ts of...

The Legal Implications of Contract Breaches IOdeally, parties to a contract would always fulfil all their obligations. Unfortunately, for often entirelyinnocent reasons, that is not always the case. Contract breaches remain a common challenge, with potential legal, financial and reputational consequences depending on their severity. This article explores the implications of contract breaches and strategies...

Contract Administration Article Series This is article two in our 6-part series on contract law and administration. We started the series with a contract law refresher, with articles on time, payment and security of payment, legal implications of contract breaches and post contract award contract management to follow over the course of the next four...

Contract Administration Article Series This is article three in our 6-part series on contract law and administration. We commenced our series with a contract law refresher followed by a high- level summary of contractual variations, with articles on payment and security of payment, legal implications of contract breaches and post contract award contract management still...

The Procurement Process – Planning, Strategy and Legal Implications – Part 2 In Part 1 of this article series, we looked at strategies for adequately planning a procurement process, process contracts and managing risk in the planning stage. In part 2 of this article series, we consider the legal and probity implications for procurers and...

The Procurement Process – Planning, Strategy and Legal Implications – Part 1 Tendering for contracts, whether as procurer or supplier, is difficult and requires each party to consider a number of different factors. In this article, we discuss the key considerations that procurers and suppliers must have prior to the release of a tender. Procurement...

Risk to Reward – Navigating risk managmeent in projects and procurement Effective project management hinges on a comprehensive understanding of risk – its identification, management, and potential to create opportunities. Whilst it is tempting to view risk purely as a threat to project objectives, risk can present valuable opportunities and drive innovation. In this article,...

Project Delivery – Which method is right for your project Delivering a successful project requires more than just a concept, it demands meticulous planning, strategic execution and the selection of the right delivery method. In the Construction Industry, choosing the right project delivery model can mean the difference between success and costly delays or worse....

Insuring Success – The fundamental role of project insurance in risk mitigation The complexity and scale of construction and infrastructure projects give rise to a variety of risks that can jeopardise the viability of a project, making insurance a crucial component of project management. From time and cost blowouts to liquidation and litigation, project insurance...

Contract Law Refresher Over the course of the next six weeks, we will be covering a series of contract law and administration topics, starting with this contract law refresher, followed by variations, time, payment and security of payment, legal implications of contract breaches and post contract award contract management. Contract Law – A Refresher Contract...

Agile Procurement – Exceptions to tendering and the benefits of strategic contracting In the dynamic landscape of procurement, understanding the nuances of tendering exceptions and strategic contracting approaches allows local governments to be agile to opportunities and transform challenges into excellent outcomes. From relationship contracting through streamlined panel arrangements to agile procurement strategies, local governments...

Contractor Liquidations – Best practice management of contractor liquidations When a head contractor is unable to complete a project due to liquidation, the consequences can be severe and widespread. Principals (including councils) may face unfinished projects, additional costs in hiring a new contractor, angry subcontractors, media scrutiny and other challenges. Unfortunately contractor liquidation is always...