C

The presence in, on or under land of a substance at a concentration above the concentration at which the substance is normally present, and where that presence presents a risk of harm to human health or any other aspect of the environment.  (State based legislation may apply, for example  section 5, Contaminated Land Management Act 1997 (NSW))

Where actual development costs exceed allocations or predicted development costs in the project budget.

An amount included in a Contract Sum as part of a Tender or estimate to cover unplanned work or other unforeseen costs.

A Contract that provides for a Contractor to be paid only for its costs of carrying out the Works.

A legal rule that in the event of ambiguity, particularly in relation to exemption and exclusion clauses, a clause in a Contract will be interpreted against the party who prepared or drafted and was intended to benefit from, or relied on the clause.

For a contract to be legally enforceable, certain requirements concerning its formation must be satisfied.: (a) the parties must intend to create legal relations; (b) there must be an offer by one party and an acceptance by the other party; (c) there must be certainty of agreement; (d) there must be Consideration; and (e) the parties must have capacity to enter the contract (eg be of certain age, mental capacity).

The process of interpreting and applying the specific provisions of a Contract. It is usual for the Principal to appoint a person to fulfil this role, as well as keeping informed of the progress of the Works and liaising with each party if disputes arise. (See also Architect, Administration Manager, Contract Administrator, Superintendent.)

See Superintendent.

All documents forming part of the Contract. May include schedules, Contract Drawings and Specifications, and Tender documents.

Drawings describing the work to be performed.