P

The rules relating to integrity, fairness and honesty in a procurement process.

'Persons conducting a business or undertaking' (PCBU).  A person upon whom a primary duty of care is imposed for the purposes of WHS legislation.

Used in performance-based contracts where a party takes a share liability to pay an amount should the project fail to meet set targets.

An organisation dedicated to lobbying for and supporting the interests of persons and businesses engaged in the property sector.

The Court's apportionment of a plaintiff's loss or damage between concurrent wrongdoers. The liability of a wrongdoing party for a claim will be limited to an amount that reflects the proportion of the damage or loss that a court considers just having regard to the extent of that party's responsibility for the damage or loss.  Proportionate liability is the opposite of joint and several liability, where one wrongdoing party can be found to be liable for the whole of the damage or loss, notwithstanding that they are only partially responsible for it. It is codified in various legislation across Australia.

A sum representing an estimate of the cost of items of work included in the Contract Sum for which the builder does not wish or is unable to provide a definite price. The contract will include a procedure for valuing the builder's entitlement for performing the work if the principal elects to proceed with it.

Third party liability insurance that generally covers bodily injury or death of persons and/or property damage.

Generally refers to minor items of incomplete works or defects.

A group of stakeholders in a project assembled to monitor and control issues relating to project planning and/or implementation such as scope variation and development, defect issues and general progress of works.

A legal principle deriving from the decision in Peak Construction (Liverpool) Ltd v McKinney Foundations Limited (1971) BLR 111 whereby if a party to a contract has been prevented from fulfilling its contractual obligations due to the conduct of the other party, the preventing party cannot enforce strict adherence to contractual times for performance.  The prevention principle is closely aligned to the principle that no party may benefit from its own breach of contract.  It is often considered in the context of determining a party's contractual entitlement to liquidated damages.