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Searching Content indexed under Contracts and Commercial Law by Scott Alden ordered by Published Date Descending.
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1
Penalties for unfair contract terms – what is the government waiting for?
The Federal Government is yet to make good on its pre-election promise to strengthen the unfair contract term regime.
Australia
12 Sep 2019
2
Is NEC4 the way forward for standard construction contracts in Australia?
The NEC4 suite may be a preferred alternative to the AS4000 standard construction contracts currently used in Australia.
Australia
11 Jul 2019
3
An update on ipso facto law reform
These new laws make due diligence around contractor selection critical, particularly in relation to financial solvency.
Australia
30 Aug 2018
4
Unlocking the value – applying Early Contractor Involvement (ECI) to service contracts
ECI processes are being implemented by public and private sectors on a broader range of procurements with great success.
Australia
30 Aug 2018
5
Bank guarantees in practice
What is often called a "bank guarantee", is in fact an unconditional performance bond given by a bank to a principal.
Australia
21 Apr 2018
6
Ineffective and unenforceable – why contracting with the right party is essential to maintaining your contractual rights
Contracts must properly identify the parties to ensure the party conferring or giving a right is legally able to do so.
Australia
22 Mar 2018
7
Is your bank guarantee as unconditional as you think?
Care needs to be taken to ensure that if the beneficiary wants guarantees to be truly unconditional, this must be clear.
Australia
18 Jan 2018
8
Contract risks - lessons learnt and tips for avoiding common pitfalls
Risks and common pitfalls in drafting commercial contracts continue to be hot topics of interest for our readers.
Australia
18 Dec 2017
9
Termination for insolvency – Major new laws about to restrict the right to terminate
From 1 July 2018, ipso facto clauses will be ineffective in the event that the other party encounters financial distress.
Australia
10 Nov 2017
10
Negotiating deeds of settlement – Be careful you do not accidentally agree too soon
Despite no formal written deed, 'agreement' can easily come about from discussions, emails and conduct of the parties.
Australia
10 Nov 2017
11
Key ingredients to a successful, best practice procurement process
Procurement best practice brings savings and efficiency to organisations, while also ensuring they avoid the legal risks.
Australia
28 Jul 2017
12
Problematic contract issues - Insurance
Insurance is a key part of risk management and a vital component of the risk matrix of any contractual relationship.
Australia
2 Jul 2017
13
Dealing with the unknown in contracts – Frustration and Force Majeure
This article considers the effect of frustration and force majeure on parties' contractual obligations to each other.
Australia
26 Jun 2017
14
Unconditional bank guarantee prevails again: Telvant Australia Pty Ltd v Acciona Infrastructure Australia Pty Ltd
The validity of an unconditional bank guarantee was upheld, with the head contractor's right to call on that guarantee.
Australia
19 Oct 2016
15
Winning the Battle of the Forms in the contract
Contracting parties in a project could find that they have quoted using conflicting standard form terms and conditions.
Australia
21 Sep 2016
16
The new small business Unfair Contract Terms laws – Your key 2016 commercial risk?
If you buy from, sell to, enter into a contract with or are a small business, you should be aware of these new changes.
Australia
18 Aug 2016
17
Unfair Contract Terms Act (Small Business): Fixed Price Compliance Audit
A Fixed Price Legal Risk Audit Review and Report on compliance and risk exposure from this legal change is available.
Australia
6 Jul 2016
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