Indemnities are usually the most bitterly fought out clauses in contract negotiations, and often the least understood. The problem lies in the reality that these clauses are in your contracts to deal with that awful 4 letter word – your … Continue reading
In our last issue, we asked whether you have ever been on the wrong end of a rollover clause, and found you were stuck with an under performing contract for an extended term. In this edition, we lift the lid … Continue reading
The Trade Practices Law landscape changed considerably on 1 January 2011, and if you haven’t yet had your contracts reviewed to incorporate the changes, now is the time to act. Urgently. A failure to review your contracts could leave your … Continue reading
Could you ever become liable for the costs of an unsuccessful tenderer in your RFT (Request for Tender) process? On the face of it, that possibility seems outrageous. But the 1997 case Hughes Aircraft Systems International v Airservices Australia* is … Continue reading
Do you deal directly with consumers? If so, now is the time to get any related contracts reviewed, to ensure that you aren’t in breach of recently enacted consumer protection laws… Changes to the Trade Practices Act are now in … Continue reading
It is quite common in negotiations over terms of a contract, for disputes to arise over whether one party should be required to use “best endeavours” or “reasonable endeavours” in satisfying an obligation. To muddy the waters further, I have … Continue reading
