M

A Contract arranged to cover regular operational maintenance and repairs to a building or plant, including specific systems or items of equipment.

The specified period of time, following Practical Completion, in which the parties agree that the Contractor will provide maintenance for the Works. The Contractor's remuneration for maintenance during the Maintenance Period is usually accounted for in the Contract Sum and specified in the Contract.

An error that is plain and indisputable.

An injunction attaching to property which operates to restrict that party from dealing with his/her own property by the court prior to a final determination by the court.

Generally in business, margin refers to the difference between the cost of an item or providing a service and the price at which that item or service is sold.

An Australian building and construction industry association. Its primary role is to promote the viewpoints and interests of the building and construction industry and to provide services to members in a broad range of areas including training, legal services, industrial relations, building codes and standards, industry economics and international relations.

The effect of an event, act or requirement which has serious consequences or impedes the rights or position of a party under a Contract.

The physical components and consumables required and used to construct any building or other Works.

Mechanical Completion of all or any part of the Works occurs when the Works have been completed mechanically and structurally and all specified construction tests have been completed. Typically used in projects where additional performance output tests are required to be performed and satisfied subsequently by the contractor.

A method of dispute resolution. The parties engage an independent third party mediator to facilitate in reaching a resolution to the dispute. Mediation can take place either before the commencement of Litigation or as part of the Litigation process following the commencement of court proceedings.

A signed document recording agreed discussions or negotiations between two or more parties and setting out the basis and summary of terms upon which they intend to later execute a written Contract.

A description applied to the supply of goods. A requirement that goods be of merchantable quality may be expressly required in a Contract but is also one of the terms that may be implied into a Contract either by statute or at common law. For goods supplied before 1 January 2011, the warranty that goods be of merchantable quality was implied into a contract for the supply of goods to consumers under the Trade Practices Act 1974 (Cth). For goods supplied from 1 January 2011, there is a guarantee that they are of acceptable quality under the Australian Consumer Law.

A date which is set down for the doing of an act or completion of part of Works, usually specified in the Contract. Progress Payment may be linked to the achievement of milestones.

Conduct which leads a consumer into error as to its meaning. To 'deceive' is to cause to believe what is false, to mislead as to a matter of fact, to lead into error or to delude. To 'mislead' is to lead astray in action or conduct, to lead into error or to cause to error. Actionable at law under the Australian Consumer Law.

A false statement or conduct that is false or misleading of a material fact.

Avoidance or minimisation of loss by a wronged party.

Activities required to be undertaken before construction work on a site may commence.

Where one person uses coercion, threats or deception to exploit victims and undermine their freedom.  Practices that constitute modern slavery can include human trafficking, slavery, servitude, forced labour, debt bondage, forced marriage and the worst forms of child labour.

Non-pecuniary intellectual property rights recognised under the Copyright Act 1968 (Cth) which attach to and directly affect the reputation of any author of a copyrighted work (including design drawings), giving the author the right not to have a work subjected to derogatory treatment.

A conveyance of title to property that is given as security for the payment of a debt or the performance of a duty. Performance of the terms results in reversion of the mortgaged interest to the mortgagor.