Projects Insights

31 March 2008

Welcome to the March edition of Projects Insights, in which we'll see just how far an absolute warranty of fitness for purpose can go.

We'll also look at

the difference between "best" and "reasonable" endeavours
getting the statement of work right
what can make a tender document unfair
achieving a meeting of minds; and
new obligations to notify the AIRC.

"Absolute warranty of fitness for purpose"- just make sure you identify the purpose!

By Stuart Connor and Jennifer Ingram.

An absolute warranty of fitness for purpose might not go as far as you think, warn Stuart Connor and Jennifer Ingram, because you might not have identified "purpose" as clearly as you should have.

Best v reasonable endeavours, a few years on

By Owen Hayford and Vanessa McBride.

If you promise to use your "best endeavours" in a contract, what exactly have you agreed to? Is it more onerous than using your "reasonable endeavours"? This is a surprisingly difficult question to answer. Owen Hayford and Vanessa McBride go looking for the latest guidance from the courts.

Notifications to the Australian Building and Construction Commission

By Frazer Moss and Saul Harben.

Court proceedings touching on unlawful industrial action and breaches of the Act trigger an obligation on the building industry that very few know about - but not knowing exposes them to penalties, say Frazer Moss and Saul Harben.

Vodcast: Do we have a deal Part 1

By Owen Hayford and Stuart Connor.

The Meeting of Minds: To have a contract, you need a meeting of minds, but as Owen Hayford and Stuart Connor show, that can be hard to get.

Getting the Statement of Work right

By Steven Power.

If a purchaser doesn’t get its Statement of Work right, there’s a significant risk that its project will go off the rails. Steven Power sets out some useful tips on how to get the Statement of Work right - and keep your project going in the right direction.

Did you know…ambiguities in your tender documents can render them unfair

By Owen Hayford.

A request for tenders can generate a tender process contract with an implied term of fairness and good faith. How can procuring bodies avoid breaching that duty? Owen Hayford looks at a new wrinkle in the duty and what you can do to comply with your duty.

Industry Recognition for the Major Projects Team

We're pleased to see our team's hard work and commitment to our clients have been recognised.

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