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ARTICLE · 07 SEPTEMBER 2025

Using Your Construction Contract To Manage And Mitigate Contractor Insolvency risk

Swaab Attorneys
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Nine essential clauses to consider for inclusion in the construction contract.

AustraliaReal Estate and Construction
Mark Glynn
Mark Glynn
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Introduction

The risk of contractor insolvency mid way though a construction project in the current market is real and really expensive.

This article provides guidance to those undertaking construction works and identifies a number of contract provisions which, if included in the construction contract, can assist a developer to identify and then manage a contractor insolvency event should it arise. Mark identifies nine essential clauses to consider for inclusion in the construction contract.

All construction projects come with risk (and reward)

Delivery of any construction project comes with great rewards and risks. Some of the usual risks that immediately come to mind include:

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For further information please contact:

Michael Byrnes, Partner
Phone: + 61 2 9233 5544
Email: [email protected]

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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