Legal Webinars

Parties generally have freedom to contract, but in construction projects that freedom does not always result in fair risk allocation. In practice, builders and principals usually control the drafting, with bespoke “back-to-back” subcontracts often pushing significant risk downstream. 

With tight tender timeframes and a “sign now, fix later” culture, subcontractors can easily miss clauses that shift time, cost and liability in ways they never priced. As projects progress and change — revised drawings, delayed programs, and variations — these clauses can quickly impact cashflow and margins. 

Drawing on numerous contract reviews undertaken for NECA members, this webinar will walk through the top three risky contract clauses we most commonly see in builder-drafted subcontracts. Each clause will be explained using a simple and practical framework by our construction lawyers.  

This webinar will focus on key contractual and statutory risk areas commonly encountered by subcontractors in construction projects. 

 Agenda 

1. An overview of three high-risk contract clauses frequently amended by builders and principals from the Australian Standard Subcontract (AS4901), and how those amendments shift time, cost and liability risks downstream.
2. The legal and commercial consequences of these clauses in practice, including their impact on cashflow and delay exposure etc.
3. Key practical steps subcontractors should take before signing a contract to identify and manage these risks.
4. A practical overview of key procedural steps under the Security of Payment legislation across all Australian jurisdictions (including Building and Construction Industry Security of Payment Act 2009 (Tas))

Event Details

Date: Thursday 23 April, 2026

Time: 1.30pm - 2.15pm (AEDT)

Presenter: Kay Yun