Projects Insights

04 May 2006

Welcome to the May edition of Clayton Utz Projects Insights. In this edition we focus on a crucial part of any major project - the contract. We'll ask:

when does a competitive tender process lead to a tender process contract?
what documents are part of your contract?
does your contract require you to do something that's uneconomical?
can your contract allow you to terminate the contract for convenience?
does it matter if you sign the contract or not?

We'll also learn that value for money in the delivery of social infrastructure is an increasingly important consideration - but what does it mean? Finally, we'll learn about a recent deal which goes beyond the range of services seen in traditional arrangements for facilities management services.

Recent developments in tender process contracts

By Owen Hayford.

Competitive tender processes are commonplace, but the law on them, and particularly the implied term requiring fair dealing and good faith, is still developing. Owen Hayford and James Shirbin explain the lessons from two recent cases.

Tips on putting together your contract documents

By Stuart Connor.

It's easy to scoop up every bit of paper and call them the documents constituting the contract, but is it wise? Stuart Connor looks at some simple ways to put together contract documents while avoiding the pitfalls.

Food for thought for social infrastructure PPPs

By Stuart Cosgriff.

Value for money in the delivery of social infrastructure is an increasingly important consideration, says Stuart Cosgriff, but what does it actually entail? Two new publications from the UK give some idea of what's involved and what direction the Australian Public-Private Partnership market could go in.

Drafting effective termination for convenience clauses

By Joanna Pugsley and Nickolas Christopoulos.

Clauses allowing for termination for convenience are useful in construction contracts, but need to be drafted carefully if they are to be enforceable, as Jo Pugsley and Nick Christopoulos show.

Get that contract signed!

By Frazer Moss and Kyle Trattler.

Does it matter if, after extensive negotiation, you don't sign a formal contract document? Yes it does, say Frazer Moss and Kyle Trattler.

Strategic partnership for NSW Police property portfolio

By John Shirbin and Daina Richmond.

John Shirbin and Daina Richmond look at a recent deal which goes beyond the range of services seen in traditional arrangements for facilities management services, but still allows the Government to be the decision-maker.

Economical work is not an absolute certainty

By Frazer Moss.

Unless a contract says otherwise, a contractor's obligation to do something is not affected by whether it's profitable or not. What if the work is "uneconomic"? Frazer Moss examines a recent case which dealt with this question.

Prize-winning construction deal keeps Sydney on the move

A project which is a prime example of the unique cutting edge skills of Clayton Utz' project lawyers has been recognised with an award.

Brisbane City Council - North-South Bypass Tunnel

On 27 April 2006, the Brisbane Lord Mayor announced the preferred bidder for the massive North-South Bypass Tunnel project - but what did Clayton Utz have to do with it?

Key Contacts

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