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ARTICLE · 28 DECEMBER 2016

E-alert: A Merry Christmas for developers?

Many developers become complacent about their contract management at this time, with potentially disastrous consequences.

AustraliaReal Estate and Construction

Christmas time is almost here and many people are now looking forward to 2017. As such, many developers become complacent about their contract management, with potentially disastrous consequences. In that regard we note that some standard contracts deem payment to be due and owing1 (or admitted in the case of extension of time claim2) if claims are not responded to within a defined contractual timeframe.

In order to avoid problems, now is the time to perform a triage on your projects in order that you don't stub your toe this festive season.

First, carefully review your contracts to ensure that you know when you should be receiving claims from your contractors and, more importantly, how long you (or possibly the superintendent or principal's representative) will have to respond to claims. In undertaking that review, pay careful attention to the definition/s of 'day' and 'business day' contained in the contract. Whilst the amendment to the definition of

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