E

A clause in a contract which removes, restricts or modifies a legal obligation owed by one party to the other. The enforceability of an exclusion clause is generally subject to a requirement that it is reasonable.

The right to own, perform or control to the exclusion of all others.

The signing of a document in compliance with legal requirements or the enforcing of a judgment.

The process where, if parties are in dispute, the nominated executives of each party meet in an endeavour to resolve the dispute.

A process by which parties may agree to refer their dispute to an independent expert for determination. Whether or not the findings of the expert are binding will depend on what the parties have agreed to.

A witness who has a level of expertise and experience in a particular field. By virtue of this expertise such a witness may give evidence to more than the mere facts of a case (such as opinion evidence).

In an EPC Contract the Contractor undertakes to engineer, procure, construct and commission a project from its inception to Final Completion. The Principal will provide the Contractor with a Design brief at the outset and will have a limited input into the project from then onwards. The Contractor is obliged to bring the project to such a stage of Practical Completion that  the Principal can immediately commence operation of the completed project. (See also Turnkey Contract)

An EPCM Contract is a sophisticated agency arrangement where the Contractor performs a level of engineering and then engages (as agent for the Principal) and manages equipment vendors, specialist Consultants and work package Contractors. This type of Contract is generally used for the construction or expansion of large scale heavy engineering facilities or manufacturing plants.

A clause stating that the Contract represents the entire agreement between the parties and supersedes all other agreements the parties may have had in relation to the subject matter under the Contract. This clause seeks to prevent a party from asserting that other documents or arrangements outside the confines of the agreement between the parties also form part of that agreement.

The determination of whether a land or business is the subject of any enforcement orders or criminal proceedings in respect of environmental offences, the planning status of the land, and whether the use of the land, or manner of operation of the business, poses any future risk of an enforcement action or criminal proceeding for breaches of environmental law.