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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.

Where the Works do not achieve the standard required by the Contract (which may be based on drawings, specifications, performance standards and industry practice).  Defects may be defects in workmanship or a defect arising as a result of later damage to the Works.

A period of time under a construction contract commencing at Practical Completion during which any defects that arise are to be rectified by the Contractor at the Contractor's cost (except defects caused by the Principal or parties it is responsible for). The duration is nominated under each Contract, and is typically 12 months, but can range between 6 and 24 months.

Compensation awarded by a court to a party for loss suffered as the result of a breach of contract or negligence. The four main types of damages are general, special, liquidated and exemplary. Other categories of damages include aggravated and nominal damages.

The date on which something will or does commence. Also known as Commencement Date.

The date set in a construction contract by which a Contractor is obliged to bring the Works to Practical Completion. This date is adjustable under the contract (by Extensions of Time for example), however, if a Sunset Date is specified, the Date for Practical Completion cannot usually be adjusted beyond the Sunset Date.

The date which appears in the notice of writing of acceptance of the tender.

The date on which Practical Completion is actually achieved (usually as certified by the Superintendent or an Independent Certifier).