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An obligation on a contracting party to take reasonable steps to fulfil the obligation in question. Compliance with such obligation requires a level of effort rather than achievement of the obligation. The obligation to take reasonable endeavours will not necessarily require the person to suffer financial or other commercial detriment in fulfilling that obligation.

The requirement to perform obligations under a contract with the skill and care that a reasonable person would use. The obligation is frequently implied into contracts for professional services.

A method by which courts can vary a contract between two or more parties if a term of the contract was mistakenly recorded or documented.

A person appointed by the court to whom the resolution of a particular issue is entrusted. The decision of a Referee will be binding if accepted or adopted (in an original or varied form) by the court.

The practice of a court referring a dispute to a Referee in order to resolve a particular issue. See Referee.

Where a body corporate is a holding company, a subsidiary, or a subsidiary of a holding company of another body corporate, the first-mentioned body and the other body are related to each other for the purposes of the Corporations Act 2001 (Cth).

For the purposes of the Corporations Act 2001 (Cth), a related party of a public company includes an entity that controls it and its directors (if the entity is not a body corporate, each person making up the controlling entity) and the directors of the public company (as well as their parents and children).

A release extinguishes another's obligation to perform under a contract or extinguishes some other liability. A released party is discharged from the specified causes of action and liabilities.

Events which may entitle the contractor to extensions of time but not delay costs.

Generally arises in the context of the removal of any contamination of land, or the elimination or reduction of any hazard arising from contamination of land. Remediation also includes rehabilitation or restoration of an area to its original condition, or as close to its original condition as possible.

A party will not generally be entitled to recover damage or loss suffered if that loss is deemed by the court to be too remote from its cause. For breach of contract claims, the loss or damage will be too remote unless it can fairly and reasonably be considered as arising naturally from the breach of contract or such as may reasonably be supposed to have been in the contemplation of both parties at the time the contract was made, as the probable result of its breach. In tort claims, the loss or damage will be too remote if it was not reasonably foreseeable.

The unwillingness to perform or be bound by a contractual obligation or the denial of the existence of a contract that is serious enough to give the other party the right to terminate. Repudiation is an anticipatory breach of a contract.

An invitation to tenderers to submit an Expression of Interest in respect of a prospective Request for Tender for the supply of certain goods and/or services. A Request for Expression of Interest is often issued to ascertain the level of interest in the market in supplying the goods or services or performing works before the issuing of a formal Request for Tender.

A request by one party to a contract (generally a contractor) to another party (generally the principal) for information in relation to a matter arising out of or in connection with a contract.

Request for Proposal is used interchangeably with Request for Tender.

An invitation to tenderers to submit an offer to supply goods and/or services in accordance with the Request for Tender. The Request for Tender will frequently require the tenderer to make an offer on the terms set out in the RFT, which may then be accepted by the party requesting the tender.

The termination of a contract by returning the parties back to the position they held before the contract was entered into. The contract is treated as if it never existed and the parties are discharged from the duty to perform their contractual obligations.

Formerly known as the IAMA – Institute of Arbitrators and Mediators, Australia’s largest arbitration and mediation service

A table which allocates responsibility for matters (usually obligations under a development approval) to either the Principal or the Contractor

Arises in two contexts: (a) As a legal remedy for the restoration of losses, whether it be property or money caused by a breach of trust, fiduciary duty, breach of contract or even in cases of negligence. (b) As a separate branch of law distinguished from the common law and equity.

A limitation on the use of land arising from a restrictive covenant in a contract or by operation of law and that may attach to land or may be in favour of a person. (See Section 88 Conveyancing Act 1919 (NSW); Section 98 Transfer of Land Act 1958 (Vic)).

A contractual provision allowing a sum of money to be withheld the principal from progress payments made to a contractor.  A contract will usually specify when the principal must return the retention money to the contractor.

A contractual provision allowing a sum of money to be withheld by the principal from progress payments made to a contractor as security. The contract will generally specify the time(s) at which the principal must return the retention monies to the contractor and the rights of the principal to have access to such money.

The payment of invoices by a Contractor via a third party financier.  The financier undertakes to pay the invoices faster than the purchaser would otherwise do, and in return, receives certain fees and charges.  The purchaser then pays the financier the amount at an agreed time.  It can be utilised to assist with cash flow management for large contractors.

To take back or withdraw an offer or grant of something. Often used in connection with an offer to contract, a gift, a will or a licence where no consideration is given.

A contractual provision for increasing or decreasing payments by a principal to a contractor for Works undertaken under the contract, in response to events that increase or decrease the contractor's costs under the contract through no fault of the contractor. Rise and fall events may include the impact of inflation, changes in materials or labour costs, or the movement of foreign currency where an element of the contractor's costs are related to the value of a foreign currency.

A contractual provision that title to any material supplied by a supplier, including material to be used or incorporated in construction, is retained by the supplier until such time as the supplier is paid for that material. The name comes from the case of Aluminium Industrie Vaassen BV v Romalpa Aluminium Limited (1976) 1 WLR 676.

Items that can be rebuilt or overhauled and returned to use again.

A national body that aims to advance architecture, maintain the integrity and standing of architects, promote the views of architects nationally and internationally and to encourage the study of architecture.