When a construction or fit-out project goes wrong, the outcome usually turns on a small number of clauses. Reviewing them before you sign costs a fraction of arguing about them later.
1. Scope and specifications
What exactly is included — and excluded? Vague scope is the root of most variation disputes.
2. Payment terms
Milestones or monthly valuations, certification steps, timing, and what happens if the certifier does not act.
3. Variations
Who can instruct changes, in what form, and how they are valued. Insist that instructions are in writing.
4. Extensions of time
Which events entitle you to more time, and what notice you must give to claim it.
5. Notices and time bars
Short notice periods can bar valid claims. List every deadline and who must receive notices.
6. Delay damages
The daily rate, any cap, and whether delays caused by the employer stop them running.
7. Retention and securities
How much is retained, when it is released, and whether a bank guarantee can replace it.
8. Suspension and termination
Your right to suspend work for non-payment, and the grounds and consequences of termination for both sides.
9. Dispute resolution
Negotiation steps, courts or arbitration, the seat and the language. Make sure the clause works for the size of disputes you are likely to have.
A practical approach
You will not win every point in negotiation. Focus on the clauses that move the most risk — payment, variations, notices and termination — and keep a clear record of what was agreed.