Cross liability
A cross liability clause in an insurance policy requires the insurer to accept the term 'insured' as applying to each insured person as if a separate policy of insurance has been issued to each insured person so that the policy responds to liability from one insured to another. Cross liability clauses can also be important where one insured causes his/her policy to become void (but not the whole policy).
Contract Sum
The price the Principal agrees to pay a Contractor for the performance of Works. A Contract Sum may be varied during the course of the Contract as a result of a Variation of the Works or other entitlement (eg delay costs). Also known as Contract Price.
Contract Works Insurance
Insurance which covers risk of damage to all work that the Contractor is contracted to execute and which usually expires on Practical Completion.
Contractor
The builder who carries out the construction work under a Contract. A contractor may engage Subcontractors under separate Subcontracts to carry out portions of the work, in which case the Contractor is commonly known as the main Contractor. (See also Builder).
Contractor’s Equipment
Constructional Plant but does not include any apparatus permanently fixed to the site.
Contractor’s Program
A statement in writing of the major activities of Works under a Contract and the dates, times, sequence and links between activities undertaken by the Contractor. Also referred to as Construction Program.
Contributory Negligence
Where a plaintiff by its negligence contributed to its own loss. Contributory negligence is not a complete defence to a negligence claim, but operates only to reduce the defendant's liability to the plaintiff.
Conversion
The intentional use of goods or personal property (chattels) without lawful justification in a manner inconsistent with the rights of an owner.
Consultants
Independent entities or persons engaged to give professional or expert advice in a construction project. They include Architects, Engineers, surveyors and specialists such as environmental experts.
Copyright
A bundle of rights possessed by the owner of copyright in a work, including the exclusive right to copy, publish or transmit the work online, or to authorise others to do so. An intellectual property right (other examples of intellectual property rights include patents, rights in circuit layouts, registered designs, trademarks and any right to have confidential information kept confidential). Copyright is regulated in Australia by the Copyright Act 1968 (Cth). Copyright applies only to something physical and tangible such as a drawing, diagram, plan, model or building, all of which are examples of 'works' under the Copyright Act 1968.