I

A term which is imported into a Contract in addition to those expressly agreed by the parties. Although the parties may not have expressly agreed to the term, an implied term is regarded by the court as being so important that it is necessary to give effect to the presumed intentions between the parties. Three broad categories of implied terms include those implied by operation of a statute, those implied in all of the circumstances (including the express terms of the Contract) and terms held to be implied to give business efficacy to the Contract.

The Incoterms (International Commercial Terms) 2020 describes and interprets the meaning of 11 basic terms used in international sales contracts to clarify the tasks, costs and risks involved in the delivery of goods from buyers to sellers. Published by the International Chamber of Commerce (ICC).

The Incoterms  are intended to be used as international commercial terms where there is an international sale of goods (ie across national boundaries), although they are also used for sales within domestic markets.

A contractual obligation to compensate another for certain costs and losses incurred upon the occurrence of an event. Events triggering indemnities can broadly be divided into fault-based indemnities (eg triggered by a breach of contract, negligence or other wrongful conduct) or non fault-based (where the connection may be simply to the goods or services being supplied or other acts or omissions of the indemnifying party).

The actual costs, disbursements, and other expenses reasonably incurred by a party. Where a court awards a party indemnity costs against another party, the first party is entitled to recover the full amount of its actual costs incurred.

An Architect, Engineer or Quantity Surveyor responsible for issuing certificates under a construction contract certifying various aspects of the time/cost risk in a project including the percentage of work performed and payments due under the Contract. The Independent Certifier has an obligation to act impartially in carrying out its certification duties.

A court order that either prohibits a party from doing, or continuing to do a certain act (prohibitory injunction) or orders a party to carry out a certain act (mandatory injunction). The remedy is discretionary and will not be granted if an award of monetary damages would be a sufficient remedy. Injunctions are either interlocutory (that is, temporary or provisional until the main court hearing of the case) or permanent. In urgent situations, a party may be granted an interlocutory (interim) injunction at a separate court hearing to preserve the status quo until the dispute has been disposed of at a full court hearing. If a party is granted an interim injunction, it must undertake to compensate the other party for any damage it may suffer by the grant of the injunction if the first party is later unsuccessful in the main action.

An inability to pay debts as and when they fall due.

Previously Australia’s largest arbitration and mediation service, now known as the Resolution Institute, after an integration of LEADR with IAMA in 2014.

An independent engineering institution that was established in 1818 and represents professionally qualified civil engineers worldwide. The main objectives of ICE are: (a) to provide/enhance facilities for learning; (b) to provide professional status with responsibility for the ethics of the civil engineering profession; (c) to provide a voice of the profession for lobbying government and promoting engineering generally; and (d) to be a facilitator of best practice in the areas of training and recruitment.

A contract under seal whereby an insurance company assumes obligations towards the beneficiary of the insurance policy. If the event(s) occur which trigger the obligations to pay, the terms of the bond must be honoured upon the happening of the event and/or a valid demand. Insurance bonds are typically provided by contractors as security under a Contract as an alternative to bank guarantees or cash retention.

A document issued by an insurer which confirms that an insurance policy is in place. It does not set out the full terms of the policy but is usually a form of evidence accepted by the Principal to demonstrate that the Contractor has fulfilled its insurance obligations under the Contract.

Construction work carried out under an Agreement for Lease (AFL) where the Landlord’s building Contractor carries out works to build both the base building and fitout of the Tenant's premises.

Commonly referred to as IP, describes intangible creations of the human mind, including which are typically protected by either copyright, trademarks or patents.

In the context of insurance, is a person that can make a claim under an insurance policy but is not a party to the insurance contract. Contrast with Named Insured and Noted.

Steps in litigation or arbitration prior to the final disposal of a case.

An Arbitration in which the parties to the arbitration agreement have their places of business in different countries.

An Act which governs the institutions and procedures that are available for the conduct of an international arbitration. It does not address processes for resolving private international commercial disputes. The International Arbitration Act 1974 (Cth) also adopts The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) and the 1965 International Convention on the Settlement of Investment Disputes between States and Nationals of other States (Washington Convention).

A body stationed in Geneva that coordinates international standards. It works with national standards bodies, such as the British Standards Institution, the American National Standards Institute, the European Committee for Standardisation and Australian Standards.

Written questions that a plaintiff in civil proceedings asks of the defendant, or vice versa, on matters at issue in the proceedings. Interrogatories must be answered by Affidavit.

A preliminary procedure inviting tenders from interested contractors. Unless the Invitation to Tender states otherwise, it generally does not amount to a binding offer.

A declaration of willingness and a request of others to enter into negotiations with a Contract in mind. It is an invitation to make an offer which, if accepted, becomes the basis for a binding Contract. An Invitation to Treat is not an offer and therefore cannot form a part of a binding contract. An express statement that a declaration is not an offer is sufficient to prevent it from being an offer. However, the mere fact that a declaration is referred to as an 'offer' or an 'invitation to treat' is not conclusive as to what the declaration amounts to.

A Latin term meaning 'by the very fact'. Used in contract law to describe contractual rights that allows one party to terminate or modify the operation of a contract upon the occurrence of some specific event regardless of continued performance of the contract. For example, the right to terminate or modify for an insolvency event. New laws commenced in Australia on 1 July 2018 which limit the effect of ipso facto clauses.

A licence which cannot be revoked or cancelled (for example, a licence to use documents over which the licensor has intellectual property rights).

A notation on a design drawing which indicates that the design can be relied upon for the purposes of construction.