All Reasonable Endeavours
Case law in Australia has concluded that the term 'all reasonable endeavours' imposes a standard that lies somewhere between using Reasonable Endeavours and Best Endeavours.
Alliancing
A method of project implementation in which two or more participants (usually the owner, the constructor and the lead design consultant) agree to work cooperatively by freely sharing resources, risks and knowledge during the course of the project. The object of an alliance is to achieve the project's goals more efficiently and effectively. Some of the characteristics which are said to distinguish alliancing from more traditional contracting are: collective performance obligations of owner and non-owner participants; open book reimbursement of non-owners costs; joint, unanimous decision making by an 'alliance board'; commitment to resolution of issues without resort to litigation; sharing of risk between participants.
Alternative Dispute Resolution (ADR)
Dispute resolution processes which attempt to avoid the perceived disadvantages of the traditional adversarial approach of the courts. They commonly include Mediation, Conciliation, Neutral Evaluation and Expert Determination. Generally, they involve the appointment of a neutral third party to assist the parties resolve a dispute within a more informal and conciliatory framework. ADR processes are often confidential and may have cost and time benefits to participants as the strict procedural requirements relating to pleadings, discovery of documents and preparation of evidence are often dispensed with.
Alternative Tender
An Alternative Tender is a tender: (a) which does not comply in every respect with the requirements of the tender documents, including the conditions of tender; or (b) contains provisions not required or not allowed by the tender documents.
Ambiguity
Uncertainty or doubt in the meaning of the parties' language in a Contract or documents forming part of a Contract. The Contract may provide that the meaning is resolved by the Superintendent under the Contract or by an order of precedence in the Contract.
Amortisation
The process of allocating or reducing the value of something over a period of time in a similar fashion to depreciation. Payments under a loan contract generally represent both an interest payment and a repayment of the principal amount. The reduction of the principal amount is said to be the amortisation of the loan.
Anchor Tenant
A key Tenant, which generally attracts other parties to enter into Leases in the same or neighbouring area. For example, a large supermarket chain taking a lease in a shopping centre may be an anchor tenant because the supermarket's tenancy would induce other retailers to also take up Leases in the centre.
Anticipatory Breach
A Default under a Contract because it is apparent that a party will not be able to perform its obligations under the Contract. For example, an anticipatory breach may occur at a time when it becomes clear that a Builder cannot achieve Practical Completion by the Date for Practical Completion.
Approval
An approval includes a consent, licence, permit, authorisation, lodgement, filing, agreement, certificate, permission, direction, authority, approval or exemption. Approval may be provided under the Contract by a party to the Contract or a third party such as the Superintendent or an Authority, or Consent Authority.
Abatement
A reduction or lessening of something. Often used in the context of environmental factors such as a requirement of an environmental authority to reduce noise or other emissions. Also used in the context of leases where there is provision to reduce the rent in the event that part or all of the premises become unusable. It can also be used in relation to reducing a price or value if works have not been carried out to correct specifications, are incomplete, or have not been carried out at all.