• E-tendering

    A web-based tender management system mainly used by government and other organisations to deliver a standard single entry point to advertise business opportunities within the organisation.

  • Early Contractor Involvement (ECI)

    A Project Delivery method by which the Principal engages the Contractor at an early stage of the project through a selection process which usually has an emphasis on factors other than price. An Early Contractor Involvement (ECI) contract usually comprises two stages. Under the first stage, the Contractor is paid a fee to develop the design to a level where the project can be accurately priced and the risks of the project allocated in the second stage. At the end of the first stage, the Contractor formulates and submits an offer for the second stage. The second stage is usually performed under a separate contract under which the Contractor completes the design and construction of the project.

  • Early Works Contract

    A contract which governs preliminary works such as site preparation, earthworks, and design and procurement of long lead items carried out prior to the finalisation of the Head Contract under which the main Works are carried out.

  • Earthworks

    Operations that loosen, remove, deposit, shape or compact earth, soil or rock. Also known as groundworks or civil works.

  • Easement

    A legal right given to a person over the land of another person. An easement commonly involves the use of or access to the other person's land, such as a right of way over a neighbour's property, or a right of drainage. An easement generally passes with the land so that a new buyer of land will enjoy the benefit of any easements over neighbouring property, but will also be subject to the burden of any easements over the property it intends to buy.

  • Economic Loss

    Loss that is purely monetary or pecuniary which is suffered by a person, as distinct from property damage, personal injury or intangible form of losses such as diminished reputation. In a claim under tort, pure economic loss is generally not recoverable, subject to certain exceptions such as economic loss arising from the negligent misrepresentation of a consultant.

  • Emissions trading

    Emissions trading is a general term used for a market-based system that gives firms flexibility to select cost effective solutions to achieve established environmental goals. Emissions trading encourages compliance and financial mangers to pursue cost-effective emissions reduction strategies and provides incentives to emitters to develop ways to reduce emissions.

  • Employers’ Liability Insurance

    A form of insurance providing cover in respect of an employer's liability for loss or damage to an employee.

  • Encroachment

    A situation where part of a neighbouring property encroaches onto an owner's land, including the air-space of that land, in the sense that it crosses over the common boundary.

  • Encumbrance

    A proprietary right held by one person that limits or affects the rights of enjoyment by a property owner over its property, and includes mortgages, trusts or liens.

  • Engineer

    An individual who belongs to the engineering profession. Common types of engineers are civil, structural, mechanical, electrical, chemical, environmental and geo-technical engineers.

  • Engineer, Procure and Construct (EPC)

    In an EPC Contract the Contractor undertakes to engineer, procure, construct and commission a project from its inception to Final Completion. The Principal will provide the Contractor with a Design brief at the outset and will have a limited input into the project from then onwards. The Contractor is obliged to bring the project to such a stage of Practical Completion that  the Principal can immediately commence operation of the completed project. (See also Turnkey Contract)

  • Engineering, Procurement and Construction Management (EPCM)

    An EPCM Contract is a sophisticated agency arrangement where the Contractor performs a level of engineering and then engages (as agent for the Principal) and manages equipment vendors, specialist Consultants and work package Contractors. This type of Contract is generally used for the construction or expansion of large scale heavy engineering facilities or manufacturing plants.

  • Entire Agreement Clause

    A clause stating that the Contract represents the entire agreement between the parties and supersedes all other agreements the parties may have had in relation to the subject matter under the Contract. This clause seeks to prevent a party from asserting that other documents or arrangements outside the confines of the agreement between the parties also form part of that agreement.

  • Environmental Due Diligence

    The determination of whether a land or business is the subject of any enforcement orders or criminal proceedings in respect of environmental offences, the planning status of the land, and whether the use of the land, or manner of operation of the business, poses any future risk of an enforcement action or criminal proceeding for breaches of environmental law.

  • Equity

    This is a body of law that evolved historically to remedy perceived unfairness in other forms of law, namely the common law and statutory law. Therefore, where an aggrieved person is unable to find relief under statute or the common law, equity may be able to provide relief. Examples of equitable remedies are injunctions, specific performance and claims for unjust enrichment.

  • Escrow

    One of the common law requirements for a deed to be binding and effective is 'delivery'. Delivery may be absolute or conditional on some other event (such as execution by another party or parties), in which case the deed is said to be 'in escrow' until the condition is fulfilled. The term is also used in connection with the placing by one contracting party of documents or other things (such as confidential information or software) in the custody of an independent third party (the 'escrow agent'), to be released to the other contracting party on the occurrence of some specified event (such as contract default). The materials held by the escrow agent are said to be 'in escrow'.

  • Estoppel

    A legal mechanism to protect a person who relies to their detriment upon an assumption or expectation created by another person. It must be unconscionable for the other person not to be held accountable for that detriment. An example is estoppel by representation where a person relies upon the representation of another to their detriment and, the detriment is caused by reliance on the representation, the person who made the representation is estopped from denying that they made that representation.

  • EU Procurement Rules

    The EU Procurement Rules implement the EC procurement directives, aiming to ensure the free movement of goods and services within the European Union and to ensure public sector purchasing decisions are based on value for money achieved through competition. The principles are applied through the advertising of contracts above a specified threshold across the European Union. All tenders are treated equally to avoid discrimination on the grounds of nationality or the origins of goods and services.

  • Evaluation Criteria

    The set criteria by which tenders are to be evaluated. Evaluation criteria are usually given different weightings to assist with the evaluation process.

  • Ex Parte

    The absence of one of the parties to a dispute. A common ex parte application is for a court to grant an injunction where one party cannot appear in court because it would undermine the proceedings.

  • Exclusion Clause

    A clause in a contract which removes, restricts or modifies a legal obligation owed by one party to the other. The enforceability of an exclusion clause is generally subject to a requirement that it is reasonable.

  • Exclusivity

    The right to own, perform or control to the exclusion of all others.

  • Execution

    The signing of a document in compliance with legal requirements or the enforcing of a judgment.

  • Executive Negotiation

    The process where, if parties are in dispute, the nominated executives of each party meet in an endeavour to resolve the dispute.

  • Expected Risk

    Any of those risks specified in the contract for which the Principal, not the Contractor, will bear the risk (for example, a common excepted risk is a delay caused by war or invasion).

  • Expert Determination

    A process by which parties may agree to refer their dispute to an independent expert for determination. Whether or not the findings of the expert are binding will depend on what the parties have agreed to.

  • Expert Witness

    A witness who has a level of expertise and experience in a particular field. By virtue of this expertise such a witness may give evidence to more than the mere facts of a case (such as opinion evidence).

  • Expression of Interest (EOI)

    An action prior to tendering to express interest in the Tender.

  • Extension of Time (EOT)

    Where the Contractor is delayed in performing Works by a specified event of delay, the Contractor may be entitled to an extension equivalent to that delay, to the Date for Practical Completion and potentially other Milestones or the Sunset Date. Usually the Contractor will need to comply with a prescribed process to claim the extension and the extension may be reduced where there is a Concurrent Delay or failure to follow the prescribed process.