CONTRACT DRAFTING AND MANAGEMENT
Our approach is to develop and draft contracts that
meet our clients’ specific needs cost-effectively.
To achieve this, we adapt information from our extensive
collection of standard documentation wherever possible.
We have a record of developing commercially innovative
documentation that is within the permissible boundaries
for government agencies.
We have extensive experience in the full spectrum
of government contracting. Government contracting
activities can range from minor procurement based
on standard documentation to major procurement that
requires a detailed contracting strategy.
In developing contracts, we are acutely aware of
issues that matter to government. These include making
sure that the contractor’s obligations are
properly defined; that the pricing arrangements are
unambiguous; that liability, indemnity and insurance
arrangements are clear and consistent; that government
reporting and accountability requirements can be
met; and that termination/expiry arrangements provide
as far as possible for a smooth transition out of
the contract arrangements.
AGS understands that contracting does not stop when
the contract is signed. We also understand the importance
of both the commercial and public accountability
dimensions of sound contract management for government
agencies. We take both into account when we draft
the initial contract. Our lawyers have broad experience
in advising on contract administration issues, including
how to set up systems for good contract management,
performance monitoring, termination and damages.
We have a commercial dispute resolution group that
combines the talents of our commercial and litigation
lawyers to provide the best possible outcome in any
contractual dispute.
See the fact sheet entitled ‘Commonwealth
legislation that may apply to Australian Government
contractors’.
See also Commercial
notes No. 12 ‘Reading the fine print’ 29
November 2004, Commercial
notes No. 11 ‘Focus on procurement’ 7
September 2004, Legal
briefing No. 79 ‘Indemnities in Commonwealth
contracting’ 26 July 2006, Legal
briefing No. 86 ‘Indemnities in Commonwealth
contracting’ 14 April 2008.
Also see Tendering, Negotiations, Alternative
dispute resolution, and Probity
services.
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