Survey on Standard Form Contracts

The Law School of the University of Melbourne is undertaking research into the current use and effectiveness of the range of standard form contracts available to the Australian construction industry. The research project is funded by the Law School and the Society of Construction Law Australia. Respected construction lawyer Professor John Sharkey AM is steering the research work. The project is one of national significance. It is hoped that the results will inform and influence debate around the cost effective and efficient delivery of future construction projects. ACIF is assisting the work by encouraging the industry to respond to a survey. We invite you to participate in an online survey in which you will be asked questions about your experience with, and use of, standard forms of contract. The findings of this survey are expected to be published in a report in mid-2014. Participation is voluntary and participants can withdraw at any point in the survey. The questionnaire should take approximately 15-20 minutes to complete.  If you would prefer to be interviewed rather than complete the survey, the University may be able to interview you by telephone or face to face at a convenient time. If you would like to do this, please email Rami Marginean (Research Assistant) and we will be in touch to make the arrangements. This research has received ethics approval from the Melbourne Law School's Human Ethics Advisory Group (HEAG). Should you have any concerns about the conduct of the study, or you require further information about the project, please contact the responsible researcher, Mr Matthew Bell or Professor John Sharkey AM.

Standard Construction Contracts – Who Cares?

Much energy and time and resources are devoted to developing and maintaining standard forms of contract for the construction industry. Sometimes great energy and heat are spent arguing over whether standard contracts are worth the effort, doing little more than generating revenue for the organisations that sponsor and produce them. Those who argue that it’s not worth the effort now have useful and instructive research findings that demonstrate just why the use of standard contracts is important, and why we should care how they are produced and used. The University of Melbourne Law School, with the support of the Society of Construction Law Australia, has published the results of a research project investigating current practice in relation to standard forms of contract in the Australian construction industry. The research project relied on a web-based survey (which received 295 responses representing 379 projects) and 47 interviews with key industry personnel. The key findings include: there is broad support in principle for the use of standard forms; however, 54% of respondents believe that there is no current standard form capable of being used in Australia without substantial amendment; 68% of contracts reported upon used standard forms; of those, 84% were amended from the standard form; the primary reason identified for amendment was the ‘need to shift risk’; overall, AS4300-1995 was the most widely used form in Australia (used in 23% of projects using a standard form), followed by AS4000-1997 (18%), AS2124-1992 (17%) and AS4902-2000 (14%); the form was chosen by the principal or principal’s lawyer in more than 80% of cases; the dominant factor identified for that choice was ‘familiarity with the form of the party choosing it; the extent and types of amendments to standard forms varied by form, contracting sector and value; and overall, the highest incidence of amendment was in relation to extensions of time, delay damages, site conditions, variations, warranties, claims, security of payment, GST, workplace health and safety and limitations on liability. The full report is available here.

Metroun - Advantages of FIDIC, 15122021

FIDIC is one of the most, if not the most used construction contract around the world, with it being used in the Americas, Europe, Africa & Asia. There are other standard forms of contract available, but FIDIC is one of the oldest and is still as popular today as it was a century ago. This video is going to take a look at some of the biggest advantages of the FIDIC contract with a view to explaining its popularity

Fenwick Elliott - Design liability for site conditions: unexpected, unforeseeable, unaware? 16092021

Fenwick Elliott Partner Jeremy Glover and Kort Egan of Gatehouse Chambers discuss design liability in respect of ground conditions and site constraints, the position in standard form contracts and what issues parties need to consider at the outset of projects.

Concurrent delay and contractual interpretation: Why all the fuss? - Published in CICES Construction Law review by Blackrock Expert Services Group

Concurrent delay an article overview of current positions

Extensions of time - RICS guidance note

Delays occur on most construction projects, and always have done. At some point during a project, particular parts of the works, or the works as a whole, will not progress as quickly as planned, with the risk that the contractual completion date will not

Valuing Change - RICS Guidance note - RICS Practice Standards UK

This guidance note summarises what is meant by ‘change’ and how it is valued under JCT, NEC and FIDIC forms of contract. It does not seek to cover every form within these families, but covers rules and procedures from the most regularly used forms. For t

Does anyone have any 'model' definitions for Force Majeure they could share?

How do I unsubscribe?

On what grounds can a contractor refuse to do works under a variation order ? (IFC )

GVE Commercial Solutions

GVE Commercial Solutions Limited, along with GVE Commercial Solutions (Building) Limited are a collaboration of construction and contract consultant companies collectively known as GVE Commercial Solutions. We deliver commercial and contractual support throughout contract lifespans together with a range of QS services to tier 1 contractors and specialist subcontractors in construction and civil engineering. GVE Commercial Solutions provides services to clients in the building, rail and road, piling, marine, ports and waterways, steel, and energy and utilities sectors. We provide: • Quantity surveying • Commercial management and contract administration • Programming/planning • Expert contract advice • Dispute resolution • NEC and JCT contractual training

Thea Limited

We are a team of solicitors and a barrister who draft and negotiate construction contracts and deal with disputes under them. We can review your existing terms and conditions or draft bespoke agreements for you. If you have a dispute over payment, we can write the letters before action that lead into formal proceedings such as adjudication or litigation, or respond to such letters and proceedings on your behalf. Alternatively, one of us can act as mediator and help guide all sides towards a settlement. We have additional expertise is commercial leases and matrimonial law, especially proceedings involving children. Feel free to call for an initial no-obligation chat to see if we can be of assistance.