T

Trace to Source

The obligation of a Contractor to remediate contamination all the way back to its source.

Tort

An act or omission by the defendant, constituting an infringement of an interest of the plaintiff recognised by law as being worthy of protection and giving rise to a right of civil action usually for unliquidated damages.

Transit insurance

Insurance to be taken out in respect of goods to be transported.

Tripartite Deed

A document between three parties. In the construction context, it is usually referred to as a Builder's Side Deed.

Trust

An obligation enforceable in equity, which rests on a person (the trustee) as owner of some specific property (the trust property) to deal with that property for the benefit of another person (the beneficiary) or for the advancement of certain purposes.

Turnkey Contract

A method of project delivery which operates under the principles of design and construction contracts. The Principal specifies performance requirements but normally has no input into design and construction decisions. At Practical Completion, the project is fully operational, allowing the Principal to simply 'turn the key' and commence operating.

Time at large

If the Contractor fails to achieve Practical Completion by a specified date as a result of a delay by the Principal and an Extension of Time is not granted in respect of that delay, the Contractor will only be obliged to achieve Practical Completion within a reasonable time. An express obligation to complete by the stipulated date is replaced by an implied obligation to complete within a reasonable time. See also Prevention Principle.

Time Bar

A clause limiting the time within which a party may take action under a Contract. A time bar must be clearly expressed to be effective.

Time of the essence

Confer an express right of Termination on a party in respect of breach by the other party of a time stipulation in the contract.

Torrens Title

A system of land title where land holdings are maintained by the government in a public register. Title to land under the Torrens system is evidenced by a certificate of title.

Glossary Term

Title

Description