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.
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