E

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).

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

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

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.

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).

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

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.

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.

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'.

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.