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Contract Practice - Coggle Diagram
Contract Practice
Contract Mechanism
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TPR
RIght of a person not party to the contract , to enforce a benefit of that term from the contract
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CW
Parallel agreement between, 2 parties that wouldn't exist otherwise I.e Client & Tier 2
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ADR
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Adjudication
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Adjudicator has 28 days from notice, to issue decision
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Within 7 days the referring party (one issuing notice) serve the statement of case (referral)
to the other party
Referral (Statement) must contain detailed explanation of the claim (I.e dispute in the notice)+ Supporting documentation
Within 7 days the referring party must secure adjudicator. Either named in contract or appointed by nominating body within the contract I.e ICE
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Both parties jointly liable fees, adjudicator can dole out who pays fee's and reasonable expenses
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Legislation
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LDEDC Act 2009
Payer must issue payment notice stating what's due, no less than 5 days before due date
Must sum specify basis for assessment, even if zero
If payment notice not issued, payee has right to issue notice themselves - i.e whatever gets applied for becomes due
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