The decision of a party not to enforce a legal right or require the other party to perform an obligation, eg waiver of a term of the contract.
A stage in building works when a building (or a part of a building, such as a tenancy) is minimally complete with basic services (such as rest-rooms, lighting and plumbing), which may be further improved by the tenant. (Contrast with Cold Shell).
(a) A promise (express or implied) that matters are or will be as stated or represented. (b) The promise of a supplier of defective goods to repair or replace those goods. (c) A term of a Contract, breach of which will give rise to a claim for damages. (d) A statement by one party which induces another party to enter into a Contract.
The hire of equipment with operating personnel. (Contrasts with Dry Hire).
A statement used to indicate that a communication between the parties is not admissible as evidence in court proceedings without the consent of both parties on the basis that the communication is a genuine negotiation intended to compromise all or part of a dispute.
A written record of the oral evidence that a person will give before a court when that person is required to give evidence.
Work Health and Safety (WHS)
Work Health Safety laws prior to 2012 were typically known as OHS – occupational health and safety. These laws differed across Australia. In 2012 it was agreed to develop model laws to harmonise health and safety laws. This is still a work in progress across Australia.
Work under the Contract
Work that the Contractor is or may be required to execute under the Contract and may include the Contractor's design obligations, Variations, remedial work, constructional plant and Temporary Works.
A statutory body found in each Australian State and Territory (called Work Health Authority in the Northern Territory, Workplace Health and Safety in Queensland and WorkSafe in Victoria) which is responsible for managing the State's workplace safety, injury management and workers compensation systems. One of WorkCover's functions is to prosecute individuals and companies which fail to meet their workplace responsibilities or defraud the system.
A statutory system of compensation for work related injuries sustained by workers that does not depend on the existence of any fault by the employer. The legislation specifies amounts of compensation payable according to the nature or consequences of the injury. All employers are required to have a workers compensation insurance policy to protect them from financial claims when a worker suffers a work related injury.
The whole of the work to be executed in accordance with a Contract by the Contractor for the Principal which shall be handed over to the Principal.
Approval given by the National Capital Authority in respect of construction works to take place in respect of: (a) Commonwealth land; (b) Designated Areas; (c) Sites that may have endangered and protected species of flora and fauna, or some other environmental value (including heritage); or (d) Development that has a significant impact on the heritage values of a ‘place' entered in the Commonwealth or National Heritage list.
Writ of Execution (writ of fieri facias, writ of possession, writ of delivery, writ of sequestration, writ of attachment)
An order made by a court to enforce a Judgment of the court. A writ of fieri facias (cause to be done) is an order of seizure and sale of property of a debtor who has had judgment against them in order to clear the debt. A writ of possession is an order made in favour of the successful litigant to possess land. A writ of delivery is an order to deliver goods to a party. A writ of sequestration is issued only in cases of severe contempt and entitles the court to take possession of that person's property until the contempt has been resolved. An order for a writ of attachment entitles the court to attach a company director to proceedings where there has been a contempt of court.