The right contract can be both a valuable weapon and a protector. Effective contract administration will work to maximise your profits and protect you from disaster. Similarly, a failure to fulfil your contractual administration obligations can have dire legal consequences in the event of any future dispute.
In particular, contractors should ensure that they are familiar with contract provisions relating to the correct ways to:
- give notices pursuant to the contract,
- apply for extensions of time,
- inform clients of variations and seek approval, where necessary,
- submit progress claims, and
- manage disputes.
Good contract administration is a habit, and it need not be difficult. A simple to use Contract Matrix will usually make the task of administering the contract considerably easier.
A Contract Matrix is a simple to use “how-to” guide for administering your contracts that we can prepare on your behalf and which contains a list of important events that trigger contract administration tasks and what should be done.
For example, the list might include:
- the commencement of site works,
- the discovery of latent conditions,
- dealing with requests for variations or change to the works required,
- the encountering of events causing delays,
- applying for extensions of time,
- when and how formal notices under the contract should be given,
- the making of progress claims,
- steps for practical completion and certification, and
- dealing with disputes.
Alongside each of these events is a step-by-step procedures covering off your contractual obligations for dealing with those events as they arise, and detailing any applicable time limitations and often including pro forma for the relevant notices.
Our Contract Matrices are written in simple, plain language and can even be in the form of a flowchart.
We also offer on-demand virtual in-house counsel support to assist with contracting and contract administration requirements.
Contracts & Contract Administration Expertise
Head of our Building & Construction Law team, Ned Mortensen, has specialist knowledge of the building and construction industry, having come to the legal profession after 20 years of working in construction as a project manager and expert witness.
Ned holds dual qualifications in Law and Construction Management and is also an Accredited Adjudicator appointed to Adjudication Applications by both Adjudicate Today and ABC Dispute Resolution Service. He is highly experienced and particularly adept at dealing with security of payment adjudications and claims involving defective work and/or delays.
His experience in the construction industry ranges from residential housing in his early career, through to engineering and senior project management roles for some of Australia’s top tier contractors. He has project managed contracts for the construction of commercial and infrastructure projects with individual contract values exceeding $200 million.
Ned has also worked extensively in client-side project management, where he routinely handled disputes concerning the quality, timeliness, compliance and value of works. He is an experienced building consultant and has appeared as an expert witness in building litigation matters.
His unique mix of legal skills and practical construction industry experience allow him a clear insight into the often very technical issues that are at the heart of many building disputes. His legal expertise and construction industry experience give him an edge that puts him at ease in any construction industry matter and ensures a sound and practical understanding of the technical issues at play.
Our Building & Construction Law Team also includes 3 Accredited Specialists in Commercial Litigation. We have more Accredited Specialists in Commercial Litigation than 99% of law firms in NSW.
For advice about a Construction Contract that you have been provided by another party or assistance to prepare a project specific Construction Contract or standard form contract speak to one of our Building & Construction Lawyers for a Free Case Evaluation today.