04, Advisory, Rev A, Concept and tender
Contract and subcontract review before you sign, bespoke subcontracts and supply agreements, flow-down of head contract obligations, and procurement through to award.
04Contract review and procurement
Contract review and procurement, this service: from tender to contract award.Fig. 1Contract review and procurement against the life of a project, with the other services behind it.
Source: SUMIT services, as at October 2026. Indicative: every project differs.
Step 01
The tender or contract, the head contract above it, and your tender policy if you have one.
Step 02
Each departure rated for risk, with the position to seek, and the answer on page one.
Step 03
A departures schedule and mark-up, and support in negotiation until the contract is signed.
Step 04
Where procurement is in scope: packaging, tender documents, evaluation and an award recommendation.
Step 05
A contract summary and the head contract terms to flow down, for the team that will run it.
Illustrative. The tags show what each step produces; clause references are to AS 4000-1997.
Timing depends on the matter. Contact SUMIT to discuss yours.
Drafted and negotiated a bespoke supply, software licence and support agreement for a Tier 1 contractor's rail systems nominated subcontract.
Reviewed 12 tender contracts and subcontracts for a specialist engineering contractor, and drafted back-to-back subcontract conditions for its Defence work.
Reviewed the EPC contractor's subcontract and supply packages for Principal approval on Snowy 2.0, for Snowy Hydro.
Guidance
Subcontracts described as 'back-to-back' often incorporate documents the subcontractor has not seen, compress notice periods below workability and let head-contract milestones control subcontract money. The five recurring traps, and the one-page audit that catches them.
Guidance
The High Court's test in Andrews and Paciocco, what the construction cases show, why an LD claim can fail on a missing completion date, and how both sides should set and test an LD rate.
Guidance
When a call on a bank guarantee can be restrained, how EnerMech lets a contractor bring called security into a payment claim, Victoria's notice and release rules, and the NSW and WA retention trust regimes.
| Basis | Used for |
|---|---|
| By the hour | Ad hoc advice, contract questions and reviews, billed by the hour |
| Fixed fee | A defined scope: a claim, a payment schedule, a contract review or a contract administration pack |
Other engagement models are on the Advisory page.
Facing a notice, a claim or a payment deadline? Call Malachy on 0452 549 257.
Discuss your projectWritten by Malachy Mullin, Director. Last reviewed 13 October 2026.