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ARTICLE · 20 NOVEMBER 2020

Tender exclusions and whole agreement clauses in construction contracts

Holding Redlich
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Tenderers should be careful in any departures and qualifications to the scope of works in complex construction projects.

AustraliaReal Estate and Construction
Scott Alden
Scott Alden
Andrew Morello
Andrew Morello
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The recent case of Jabbcorp v Strathfield Golf Club 20201 is a clear example of the importance of properly capturing all qualifications, departures and exclusions to the scope of works in the final contract to avoid costly and uncertain disputes in relation to variations. It also highlights how contract value management throughout the building design and construction process, including the tender stage, is crucial to establishing clear and mutual project objectives and value drivers between the parties.

Background

Jabbcorp (NSW) Pty Limited (Jabbcorp) entered into a design and construct contract (AS4902) with Strathfield Golf Club (the Club) on 23 December 2016 (the Contract) for construction works relating to a new clubhouse, an access road and associated work.

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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