Will Raising Contract Departures Cost You the Job?

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Why contractors stay silent

Many subcontractors avoid raising departures because they do not want to lose the job.

“If I push back, they’ll go with someone else.”

So they stay quiet.
They sign the contract.
They hope the job runs smoothly.

But hope is not a contract strategy.

 

Why this can backfire

Winning a job on poor contract terms can cost more than losing it.

A clause ignored before signing can become the clause that hurts you later.

For example:

  • strict notice periods can affect claims
  • variation processes can limit recovery
  • payment clauses can impact cash flow
  • indemnities can shift risk onto your business

The job is won.
The work is done.
But the contract controls the outcome.

 

What departures actually mean

A departure does not mean you are rejecting the job.

It means:

“This clause creates a risk. It needs to be addressed.”

Departures are a normal part of contract negotiation when handled properly.

The issue is not whether to raise them.

It is whether you raise the right ones, in the right way.

 

What to focus on

The answer is not to mark up everything.

That creates noise.

The better approach is targeted.

Focus on:

  • payment
  • variations
  • time bars
  • delay
  • indemnities
  • liability
  • documentation

Then explain the issue clearly and commercially:

  • what is the risk
  • why it matters
  • what change makes it workable

 

Level Playing Field helps contractors:

  • identify high-risk clauses
  • prepare targeted departures
  • understand what to accept, negotiate or price

 

The goal is not to fight every term.
The goal is to avoid signing a contract that weakens your position before the job begins.

Raising the right departures will not necessarily cost you the job.
Ignoring them can cost you far more.

Before submitting or signing, it is worth making sure the key risks have been properly addressed.

📞 03 9041 4674

 

Level Playing Field Lawyers is here to help with any contract reviews.
Call or email us at (03) 9041 4674 or 
info@levelplayingfield.com.au

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