Standard form and non standard contracts

An apartment complex in Sydney was the subject of extensive fire orders due to defects that were not detected when the building was converted from a wool store into apartments some time ago. Following a settlement with the original contractor, we were engaged to prepare contracts for an early works package and a separate contract for the main rectification works based on extensively amended Australian Standard contracts. Access, timing, delay and payment issues were critical given the intention to leave the building occupied during the works.

A further complication was that several of the apartments were owned by investors who had agreements in place with a management group, which managed and promoted those them as serviced apartments for holiday accommodation. This necessitated the preparation of bespoke agreements between the owners’ corporation and the management group and a separate one dealing with financial contributions that the management group was to make to the rectification works.


Related Articles

Court orders ex-employee to pay $5.85 million to employer for bringing false claims to court

Workplace Directions

Dye v Commonwealth Securities Limited (No. 2) [2012] FCA 407 The Federal Court of Australia has ordered Vivienne Dye (‘Dye’) to…

Continue reading

Breach of restraint costs former employee $188,000 plus costs

Workplace Directions

Birdanco Nominees Pty Ltd v Money [2012] VSCA 64 (4 April 2012) Background In 2002, Liam Money (then aged 19) was…

Continue reading

FWC Bullying Jurisdiction update

Workplace Directions

The Fair Work Commission has published its quarterly report on the anti-bullying jurisdiction covering the period 1 January to 31 March…

Continue reading