Rachelle Hare reviews your draft construction contract personally and tells you what is legally risky, what it will cost you if the Project runs late, and what needs to be amended before you sign.
Every Legal Review covers expert advice on compliance, non-industry standard provisions, enforceability, risk allocation, payment mechanics, legal rights, time bars and the clauses that most often lead to legal disputes, claims failure and loss of margin.
Rachelle reviews your draft construction contract personally and tells you what is legally risky, what is non-standard for your position in the industry, and what needs negotiating before you sign or submit your tender. This thorough review covers compliance with relevant legislation, operation and enforceability of key provisions, potential risks, risk allocation between the parties, payment and security mechanics, and the notice and time bar regime that will govern delivery.
Rachelle sends a detailed email with dot-point advice and recommendations on your draft contract documents. The focus is on clauses that take industry positions which are non-standard or risky for your business, with clear recommendations on what to amend, what to depart from, what to query and what to accept.
You get what is useful to you, not a formatted legal memo you have to decode to understand the legal jargon. The email is written in plain English, prioritised so you can see the important items first, and tied to concrete action points you can take into negotiation or into your bid.
As part of our services, Rachelle can also tailor her Construction Contract Review to your experience level and your business standard risk allocation and commercial risk positions. Never bid on a FIDIC contract before? We can give a more in-depth explanation on how the FIDIC risk allocation and administrative position compares to your business. Have mandatory construction contract commercial parameters that must be met for executive approval? Wondering what other construction firms in the industry usually accept and which provisions are more likely to lead to building disputes? Just let her know and she can review contracts with those parameters in mind.
Every Legal Review covers:
Most construction companies will ask their Construction Lawyer for a Legal Contract Review, and Rachelle provides this as her standard service.
What most Construction Lawyers cannot provide, however, is a Commercial Review built off their direct experience in-house in construction companies and their in-depth knowledge of the Construction Industry in Australia and its standard risk positions (plus where and to what extent they depart from those in your business). Rachelle can due to her unique experience in the Construction Industry over the last 25+ years, including her 6 years of experience working full-time as a Commercial Manager. If you would like a Commercial Contract Review in addition to (or instead of) your Construction Legal Review, just speak with Rachelle when you get in touch.
If you need a Risk Analysis (Legal and/or Commercial), or if you need a Legal Statement of Departures drafted for a tender submission, either can be added to the scope of work. Speak with Rachelle about adding any or all of these when you request your fixed-price quote.
Commercial Reviews are from a Commercial Manager's perspective and consider what should be priced into your bid, what should be rejected, what can be accepted with mitigation built in, how the contract may affect cash flow across the Project and the bottom line of the business, contract administration issues which may lead to costly disputes and which risks need different responses and the ideal dispute resolution processes for your business and jurisdictions.
These reviews are particularly important if your construction business has standard risk positions and commercial requirements it must follow when submitting the proposed contract price and signing contracts for building work.
Rachelle can either deliver a Commercial Review on its own or added to your Legal Contract Review on request. Most Construction Lawyers who have only worked in law firms do not have this practical and commercial knowledge of the industry. Rachelle has worked exclusively within the Construction Industry for 25+ years, in Qld, NSW and ACT and across Tiers 1, 2 & 3 construction companies, government, top-tier law firms, and six years as a Commercial Manager for Defence and a construction and technology company.
Read more about a Commercial Review ›Where a tender requires a formal response to the Principal's draft contract, Rachelle can draft a Statement of Departures in the Principal's required format for submission with your bid. The work involves legal drafting of the Departures Schedule, prioritised commercially and written so your Sales Team, Commercial Manager, Estimator and/or Bid Team can use it directly in the bid response. If required, Rachelle can also carry out Contract Drafting and provide recommended clause amendments in mark-up to request from the Principal in the tender response. Rachelle can also assist with Contract Negotiation to assist with risk mitigation and to avoid payment disputes and other potential disputes.
The Statement of Departures is delivered as an additional fixed-fee service on top of the Legal Contract Review and/or Commercial Review. Rachelle will scope this work with you before she provides her fixed-price quote, so you know the full cost before any work begins.
Read more about Statement of Departures ›A Risk Analysis is a formal, structured, ranked assessment of the risks in your draft construction contract, delivered as a decision-ready document for your Board, leadership team, risk register or internal stakeholder briefing. Each risk is identified, ranked by severity and likelihood, quantified where possible, and paired with a recommended treatment or mitigation.
Rachelle can deliver a Legal Risk Analysis on its own or with a Construction Contract Review where requested. A Commercial Risk Analysis layer can be added on request to the Risk Analysis, drawing on Rachelle's 25+ years across the construction industry and experience working as Commercial Manager plus inside a number of construction companies.
A combined Legal and Commercial Risk Analysis is the most useful form of the service for bid go or no-go decisions, Board sign-off and Principal briefings.
The Risk Analysis is delivered as an additional fixed-fee service and can be carried out on its own, alongside a Legal Review, or alongside a Commercial Review. Rachelle will scope the work with you before she provides her fixed-price quote, so you know the full cost before any work begins.
Read more about Risk Analysis ›Blaze Business & Legal reviews construction contracts for Head Contractors, Subcontractors, Specialist Trade Contractors, Principals, developers, tenderers and government and defence agencies across Australia. Rachelle's background inside Tiers 1, 2 & 3 construction businesses means the Legal Review is tailored to where you sit in the contract chain and what matters legally from that position for your building project.
Legal Review of bespoke head contracts, amended standard forms, risk allocation strategy and supply chain flow-down. Covers tender-stage review for bid submissions and pre-signing review with negotiation support on request.
Legal Review of subcontracts against the Head Contract for back-to-back risk, Security of Payment compliance, set-off exposure, variation mechanics, scope boundary issues and insurance flow-down requirements.
Tender-stage Legal Review delivered in your bid timeframe. Statement of Departures available as an optional add-on, drafted in the Principal's format and priority-ranked for negotiation.
Review of home building contract templates for construction companies to be signed by homeowners, whether it's the HIA or the Master Builders Association standard form contracts or a contract that's purpose-written by the builder.
Legal Review of GC21, AUSDEFCON, Commonwealth and state government contracts. Rachelle spent six years as a Commercial Manager at Defence and a Tier 2 Construction and Technology provider and has advised across Commonwealth, state and local government bodies.
Where a contract has already been signed, the Legal Review focuses on the notice obligations that must be complied with, the time bars that must be observed, and the contract administration systems needed to protect your position through delivery.
Rachelle reviews construction contracts across Queensland, New South Wales, the ACT, Victoria and other jurisdictions. Local Brisbane and Queensland expertise is combined with deep experience on interstate and Commonwealth work.
Sales teams and BD leaders often hold off on bringing a lawyer in until the contract is ready to sign, on the assumption that lawyers slow deals down. On a construction Project, that is the wrong way around.
A lawyer brought in at tender kickoff helps you price the risk, draft the Statement of Departures, and go to negotiation with a commercial position that you can actually defend. A lawyer brought in the week before signing is left to flag problems after the price is locked, the bid is lodged and the commercial leverage is gone.
Rachelle works with Sales, BD and Tender teams as a commercial partner, not a bottleneck. The Legal Review is delivered in your tender timeframe, written for your bid team to use, and focused on closing the deal with the right risk allocation.
Reviewing a draft contract from inside a Tier 1 Head Contractor is a completely different exercise to reading it cold from the outside.
When you have sat on the legal and commercial teams at Thiess, Laing O'Rourke and Acciona, worked in top-tier private practice at Corrs Chambers Westgarth and McCullough Robertson, and run the Commercial Manager function on major Defence and Tier 2 Construction and Technology Projects, you know which clauses the Principal's legal team drafts for leverage, which clauses are boilerplate copied across from another Project, and which time bars bite hardest in practice.
I know which clauses look harmless on paper but become material when the Project runs late, when variations stack up, when the Superintendent starts asserting rights under a clause that has never been tested, and when your dispute resolution clauses simply won't cut it.
That is the perspective I bring to every Legal Review. The goal is not to tell you what the contract says by repeating the contract language back to you. The goal is to review the written contract and tell you what it will do to your Project if things do not go perfectly, and on a construction Project, they rarely do.
Every Legal Review covers the clause categories below. Each is a common source of disputes, claims failure, project delays, potential unfair contract terms and legal exposure, and each is analysed against both the contract terms and the legislation that governs them.
Pay-when-paid provisions, vague payment schedules, broad set-off rights and restrictive reference date mechanics can stop cash flow mid-Project. The Legal Review checks compliance with the Building Industry Fairness (Security of Payment) Act 2017 in Queensland and the equivalent Security of Payment legislation in other states.
Poorly defined scope boundaries, tight variation approval timeframes, restrictive directions regimes and Provisional Sum mechanics frequently leave Contractors completing additional work for free. The Legal Review identifies every gap in scope and every variation mechanism that creates uncompensated legal exposure.
Extension of Time provisions typically require notice within 2 to 5 Business Days of the delay event, with strict form requirements. Rachelle assesses whether the notice regime is workable at site level and where time bars will extinguish otherwise valid claims.
Uncapped or commercially unreasonable Liquidated Damages rates can destroy margin on a delayed Project. The Legal Review checks whether the rate is a pre-estimate of loss (enforceable) or a penalty (potentially unenforceable), and whether the damages cap and sole-remedy position are appropriate.
Uncapped indemnities, broad consequential loss provisions and unrealistic insurance requirements can expose you to liability well beyond the contract value. The Legal Review ensures risk allocation is proportionate to the contract sum and that your insurance is aligned with contractual requirements.
Wide-discretion security call triggers and retention regimes without clear release mechanics tie up working capital and create legal leverage for the Principal. The Legal Review covers bank guarantees, unconditional undertakings, parent company guarantees and Retention Trust Account obligations under Queensland law.
Broad convenience termination rights, asymmetric default triggers and step-in provisions can leave you exposed with minimal compensation if the Principal walks away or the Project is suspended. The Legal Review covers termination for cause, termination for convenience, suspension regimes and novation on termination.
For civil, piling and ground engineering Projects, latent conditions risk allocation is often the single largest exposure in the contract. The Legal Review covers the geotechnical baseline, Principal-supplied reference documents, existing services and contamination risk, and whether the contract gives workable relief when ground conditions differ materially from what was tendered.
Program provisions determine whether the contract rewards you for finishing early and how concurrent delay is assessed. The Legal Review covers program update obligations, who owns float, how concurrent delay is treated in Extension of Time claims, and whether acceleration can be directed without agreed compensation.
The Practical Completion test and the Defects Liability Period are where many Contractors lose margin after handover. The Legal Review covers Practical Completion mechanics, Defects Liability scope and duration, the Final Certificate regime and any back-to-back obligations that flow through to subcontract retention release.
Blaze Business & Legal reviews the full range of Australian Standard contracts, the principal international forms used on Australian Projects, government and defence contracts, and bespoke or heavily-amended standard forms.
Heavily amended standard forms are reviewed differently to vanilla forms. Principals and Head Contractors regularly amend AS4000, AS4300 and AS4902 through Special Conditions that shift risk well beyond what the unamended form contemplates. The Legal Review identifies every departure from the standard position and flags the ones that carry material legal risk.
A Queensland civil contractor engaged Blaze Business & Legal to review a head contract before signing with a regional council. The contract was based on AS4000 with 47 pages of Special Conditions.
Rachelle identified a substantial uncapped indemnity exposure, a reference date provision that did not comply with the Building Industry Fairness Act, and a set-off clause that captured unrelated Projects with the same Principal.
She also found a latent conditions allocation that placed all subsurface risk on the Contractor without a geotechnical baseline, and a retention regime holding 10 percent for twelve months after Practical Completion that would tie up significant working capital.
Every Legal Review follows a defined process. The steps below apply whether you are at tender stage with a Statement of Departures add-on, or pre-signing with negotiation support on request.
Share the draft contract, any Special Conditions, annexures and technical documents, your role (Principal, Head Contractor, Subcontractor, Tenderer or government agency), your tender or signing timing, and any specific concerns. Rachelle confirms the scope and provides a fixed-price quote.
Once you accept the fixed-price quote, Blaze Business & Legal issues a Disclosure Notice and Costs Agreement for signature, as required under Queensland Law Society rules. You have full transparency on scope, fees and deliverables before any work begins.
Rachelle reviews the draft contract against your Project context, your business position and risk appetite, and the applicable legislation. Every Legal Review is done by Rachelle personally. There is no junior handling the substantive work.
Rachelle sends a detailed email with dot-point advice and recommendations, focusing on industry positions in the contract that are non-standard or risky for your business. Prioritised, written in plain English, and tied to concrete action points you can take into negotiation or into your bid.
Where you have engaged a Commercial Review, Statement of Departures or Risk Analysis, Rachelle delivers these alongside the Legal Review. The Commercial Review provides the commercial layer for Commercial Managers and bid teams. The Statement of Departures is drafted in the Principal's required format for tender submission. The Risk Analysis is delivered as a decision-ready document ranked by severity and likelihood.
Rachelle is available to join calls with the Principal or Head Contractor, respond to counter-offers, and advise on the trade-offs as the negotiation progresses. Negotiation support is available on request and scoped as a separate fixed-fee engagement.
Rachelle has 25+ years of construction industry experience spanning senior in-house roles at Australia's largest Tier 1 construction contractors (Acting General Counsel at Thiess, Senior Legal Counsel at Laing O'Rourke, Senior Legal Counsel at Acciona), top-tier private practice at Corrs Chambers Westgarth and McCullough Robertson, and senior positions through the Australian Government Solicitor.
She has also worked with Defence Housing Australia (DHA), UGL, Golding and Queensland Government bodies, and spent six years as a Commercial Manager for Defence and a Tier 2 Construction and Technology provider.
Rachelle has negotiated, drafted and reviewed construction contracts across Queensland, New South Wales, the ACT, Victoria and other jurisdictions, covering infrastructure, civil, commercial, defence, mining services and resources Projects. On every Legal Review, Rachelle is the reviewer. There is no junior handling the substantive work.
Within the first few minutes, it was obvious how deeply Rachelle understood my business and the construction industry. She identified three clauses in our subcontract that would have cost us serious money across the life of the Project, negotiated five amendments with the Head Contractor, and we signed with confidence.Robert FOwner, Civil Construction Company, Brisbane and Sunshine Coast
Send the draft contract, your role in the Project, whether you are at tender stage or pre-signing, and your timing. Rachelle will confirm whether Blaze Business & Legal can help and provide a no-obligation fixed-price quote. If a Commercial Review, Statement of Departures or Risk Analysis would also assist, ask Rachelle about adding any of these to your Legal Review.
A Legal Review covers compliance, enforceability, risk allocation, payment mechanics, time bars and every clause category that most often leads to disputes and claims failure on construction Projects.
Rachelle reviews payment terms, scope and variation mechanics, Extension of Time provisions, Liquidated Damages, indemnities and liability caps, security and retention, termination and step-in rights, latent conditions, Practical Completion, Defects Liability, Unfair Contract Terms, dispute resolution clauses, and any bespoke Special Conditions.
The output is an email with dot-point advice and recommendations, prioritised and focused on industry positions that are non-standard or risky for your business.
Yes. The Legal Review is the engagement Rachelle delivers. If a Commercial Review would also assist, speak with Rachelle about adding it. The Commercial Review provides a separate commercial layer that examines the contract from a Commercial Manager's perspective, priority-ranked for bid pricing and negotiation.
Rachelle can deliver a Commercial Review because she has 25+ years across the construction industry spanning Tiers 1, 2 & 3 construction companies, government, top-tier law firms, and six years as a Commercial Manager at Defence and a Tier 2 Construction and Technology provider. Most Construction Lawyers who have only worked in law firms do not have this practical and commercial knowledge of the industry.
Yes. Rachelle delivers a Risk Analysis as a structured, ranked assessment of the risks in your draft contract, written as a decision-ready document for your Board, leadership team, risk register or internal stakeholder briefing. The Risk Analysis has a Legal Risks base and a Commercial Risks layer can be added on request.
A Risk Analysis can be engaged on its own, alongside the Legal Review, or alongside a Commercial Review. Speak with Rachelle about adding a Risk Analysis when you request your fixed-price quote.
Yes. Tender-stage Legal Review is one of the most common engagements Blaze Business & Legal handles. Statement of Departures can be added as an optional service, drafted in the Principal's required format and priority-ranked for negotiation, with commentary on what Principals typically accept or reject.
You receive the Legal Review as a detailed email from Rachelle with dot-point advice and recommendations. The email is written in plain English, prioritised so the material items are clear first, and focused on contract positions that are non-standard or risky for your business. Each point is tied to a concrete recommendation you can take into negotiation or into your bid.
Blaze Business & Legal quotes a fixed price on every Legal Review before work begins. The price depends on contract length, complexity, whether the Special Conditions have been heavily amended, and the role you hold in the contract chain.
Send the draft contract and Rachelle will provide a fixed-price quote. Optional add-ons such as Commercial Review, Statement of Departures or Risk Analysis are quoted as additional fixed-fee work where you want them included.
Blaze Business & Legal reviews all major Australian construction contract forms including AS4000, AS4300, AS2124, AS4902, AS4901, AS4903, ABIC, NEC4, FIDIC, GC21, AUSDEFCON, Commonwealth head contracts, and bespoke or heavily-amended standard forms. Also reviewed are subcontracts, supply agreements, consultancy agreements, deeds of novation and domestic building contracts.
Yes. Blaze Business & Legal reviews construction contracts for clients across all Australian states and territories. Rachelle has negotiated, drafted and advised on construction contracts in Queensland, New South Wales, the ACT, Victoria and other jurisdictions.
Subcontractors should focus particular attention on back-to-back flow-down provisions, set-off and withholding rights, variation approval mechanics and notice timeframes, Extension of Time entitlement under concurrent delay provisions, design coordination and interface management obligations, performance bond and retention arrangements, and broad indemnities.
Yes. Rachelle has advised on Commonwealth, state and local government construction contracts for 25+ years, including six years as a Commercial Manager at Defence and a Tier 2 Construction and Technology provider. Blaze Business & Legal reviews GC21, AUSDEFCON, Commonwealth head contracts, Queensland Government Department standard forms, and local government bespoke contracts.
Yes. Every Legal Review for a Queensland Project includes a compliance check against the Building Industry Fairness (Security of Payment) Act 2017, the QBCC Act, the QBCC Minimum Financial Requirements, QBCC licensing obligations, and the Project Trust Account and Retention Trust Account regime where applicable.
Yes, where the Head Contract is available. Back-to-back analysis is one of the most valuable forms of subcontract review because it identifies the gaps between what the Head Contractor can claim from the Principal and what you as Subcontractor can claim from the Head Contractor.
Yes. The Legal Review covers the contract's cost-escalation protections, including rise and fall clauses, variation mechanics for material cost increases, force majeure triggers, and contractual notices required to preserve any entitlement to additional payment for cost increases.
A Legal Review after signing is still worthwhile. Blaze Business & Legal provides a post-signing Legal Review that focuses on the notice obligations, time bars, contract administration systems and practical steps that protect your position through delivery.
