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ARTICLE · 22 DECEMBER 2017

5MF: 5 minute fix of major projects and construction news: 02

Clayton Utz
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The articles include unfair contract terms, combustible cladding, unconditional undertakings, FIDIC and procurement.

AustraliaReal Estate and Construction
Frazer Moss
Frazer Moss
Clare Maguire
Clare Maguire
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Get your 5 Minute Fix of major projects and construction news.

ACCC targets unfair construction contract terms

Further action by the ACCC highlights that parties should pause to review the entirety of their usual small business contracting terms through the lens of section 24 of the Australian Consumer Law (ACL).

In our 5MF 01 we reported on Federal Court enforcement proceedings taken by the ACCC against JJ Richards & Sons Pty Ltd for contraventions of section 24.

The extent of the ACCC's resolve to address "unfair contract terms" in standard form contracts was apparent again last week when Perth based building company, 101 Residential Pty Ltd, amended its standard home building contract after the ACCC raised concerns that it contained unfair terms and made false or misleading representations.

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