Drawings
The documentation used to convey the design or technical details for construction purposes. Drawings may be part of the Contract Documents (such as architectural and service drawings) or for coordination between trades (such as Shop Drawings).
Due Diligence
The investigation of a transaction and related documents for the purposes of ensuring that all legal procedures are complied with.
Duress
Pressuring or persuading someone to do something, or refrain from doing something. In the contractual context, duress means applying illegitimate pressure to obtain a contractual promise, payment, service or other benefit.
Duty of Care
A duty of care involves an obligation on the person who owes the duty to take reasonable steps to ensure that particular events occur or do not occur. A duty of care by a Defendant to a Plaintiff must be present in order to establish a claim for negligence. A breach of a duty of care can give rise to legal remedies.
Duty of Fairness
This is one of the principles of tendering that operate to limit the discretion of the Principal in awarding a Contract, which ensures the fairness and transparency of the tendering process. However, the application of this duty can be modified by Exclusion Clauses (or 'privilege' clauses) by Principals in tendering documents.
Design, Construct & Maintain (DCM) Contract
A variation on the Design and Construct method in which the Contractor also takes on responsibility for maintenance of the asset once constructed. This has the benefit for the Principal that the Contractor must take operation and maintenance into account in its design and construction given its incentive to manage the whole of life cost.
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Design Documents
The drawings, specifications and other information, samples, models, patterns and the like required for a project and necessary for the construction of the Works.
Design, Construct & Commission Contract
A contract between a Contractor and a Principal for the design, construction and commissioning of a project. Usually the Principal supplies an elementary brief to the Contractor, who then completes the design and documentation, secures all the necessary Approvals, constructs the project as per drawings and specifications and commissions the project. In commissioning the project the Contractor ensures the completed work is operational through testing and checking the performance of all systems and equipment and confirms compliance with specified requirements.
Direction
Includes an agreement, approval, authorisation, certificate, decision, demand, determination, explanation, instruction, notice, order, permission, rejection, request or requirement (AS4300-1995).
Directions Hearing
A pre-trial procedure to regulate the conduct of legal proceedings. Directions for the filing of pleadings, Discovery and other interlocutory or procedural matters are made at these hearings.