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The amendment of conditions in standard forms of construction contract by principals to skew commercial risk towards contractors has become commonplace in the construction industry. This presentation considers the frequency and nature of such amendments, as well as the results of a 2019 survey carried out by the presenter into the prevalence of prime suspects for unfair contract terms in construction contracts. Furthermore, the current law regarding unfair contract terms in Australia were discussed.


Jeremy Coggins
Associate Professor, UniSA STEM

Jeremy specialises in teaching and researching in the area of construction law and contract administration, and is lead author of the 'Understanding Construction Law' book published by LexisNexis Butterworths. He has published extensively in the area of the building and construction industry security of payment legislation and his work in this respect has been referenced in legislative reviews commissioned by the Commonwealth, New South Wales, Western Australian, Northern Territory and Ontario governments. His current research focuses on how to alleviate the considerable insolvency problem facing the construction industry.