Commercial Negotiations
Negotiate the Terms That Actually Matter
Negotiation of construction and consultancy agreements across Australia, focused on risk allocation and a workable deal
A good negotiation is not about winning every clause. It is about putting each risk where it can be managed, and settling the terms that decide how the deal performs.
Christopher Larcos advises on the negotiation of building and consultancy agreements. As a solicitor who is also a registered architect, he knows how a contract plays out once the work starts, so the terms he pushes on are the ones that will matter on site, not just on paper.
The result is a contract both sides can live with, reached without stalling the project or souring the relationship it depends on.
What negotiation advice covers
Building contract negotiations
Negotiating ABIC, Australian Standard and bespoke building contracts, and the special conditions that carry the deal.
Consultancy agreements
Negotiating consultant appointments and Client Architect Agreements, from the fee and scope to liability and copyright.
Risk allocation
Placing each risk where it can be managed and insured, rather than simply pushing it across the table.
Deal-focused advice
Practical advice on the terms that matter, so a negotiation reaches a workable contract without stalling the project.
Common questions
What do you help negotiate?
Christopher advises on the negotiation of construction and consultancy agreements: building contracts and their special conditions, consultant appointments, and the risk, payment and liability terms within them. The focus is on the handful of terms that decide how a deal actually performs, rather than arguing every clause.
When should I get advice on a negotiation?
As early as possible, while the terms are still open. Once positions are set or a contract is signed, the room to move is gone. Advice at the point where terms are being exchanged is where it changes the outcome, and it is far cheaper than dealing with the consequences of a term you accepted without advice.
Do you negotiate consultancy agreements as well as building contracts?
Yes. As a registered architect, Christopher understands consultant appointments from the inside, and he negotiates them alongside building contracts. That includes Client Architect Agreements and the developer-side appointments consultants are asked to sign, where the negotiable terms are often the ones that matter most to the practice.
How do you approach risk in a negotiation?
By focusing on who can actually manage each risk, and pricing the rest. A good negotiation does not simply push risk onto the other side; it puts each risk where it can be controlled and insured, which produces a contract that holds up when the project is tested. Special conditions are often the tool that gives effect to what is agreed.
Keep reading
Contract Review
Understand a contract in full before you negotiate or sign it.
ContinueAustralian Standard Contracts
The standard forms most negotiations start from: AS 4000, AS 2124 and the rest.
ContinueClient Architect Agreements
Negotiating the agreements architects use with their own clients.
ContinueCredentials
- Dual-qualified solicitor and registered architect
- 40+ years in the construction industry
- Adjudicator across five Australian jurisdictions
- Fellow of the Australian Institute of Architects (FRAIA)
- Former NSW & Queensland Editor, Building & Construction Law Journal