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The drawings, specifications and other information, samples, models, patterns and the like required for a project and necessary for the construction of the Works.

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.

Includes an agreement, approval, authorisation, certificate, decision, demand, determination, explanation, instruction, notice, order, permission, rejection, request or requirement (AS4300-1995).

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.

A clause which seeks to limit the application of some of the terms of the Contract, or is otherwise a denial or renouncement of a party's right or liability under a Contract. For example, a party may wish to make clear that it 'does not give any representation or warranty as to the completeness, accuracy or relevance of any information'. Such disclaimers will not, however, be effective if it can be proved as a question of fact that representations were made.

A pre-trial procedure where the parties to a dispute exchange a list of documents in their possession, custody or power which are relevant to the issues in the proceedings, and inspect those documents. The method of Discovery varies across jurisdictions.

All processes that are used to resolve disputes, whether within or outside court proceedings. (See also Alternative Dispute Resolution.)

Some contracts establish a DRB which consists of independent technical experts jointly selected by the parties. When a dispute is not resolved by negotiation, it is formally referred to the board, which is required to present a recommendation concerning that dispute within a short period of time. That recommendation is usually non-binding. Alternatively, recommendations of the board may be binding up to a pre-agreed monetary amount. DRBs aim to achieve speedy resolution of disputes and to avoid the cost of the engagement of consultants and lawyers, as well as availing the parties to focus on project delivery. Also referred to as Dispute Avoidance Boards.

A Defendant's formal answer to a Plaintiff's claim. Where there is a Cross-Claim, a defence to Cross-Claim should be filed in court or tribunal and served on the opposite party.

Where Arbitration is between Australian parties. This is regulated and sanctioned by legislation known as the Uniform Commercial Arbitration Acts in each state. (See also Arbitration and International Arbitration).