While procurement and contract managers are not expected to be legal experts, it is very difficult to manage a contract well without a basic understanding of the key elements to a contract and the meaning of significant terms and clauses.
The Australian public service has been highly criticized from being “risk averse” what does this mean for a contract manager? There is a distinction between a good contract manager and a bad contract manager:

• A bad contract manager is not very well qualified and applies or thinks that they are following the rules for the sake of the rules even if it means a less than desirable outcome in business terms.
• A good contract manager is well-qualified and asks how can we interpret the law responsibly and reasonably to ensure the best possible business outcome.
Law and rules were created to serve society rather than society serves the law and rules.
In this article I examine some of the legislative areas pertaining to contract management that every Contract Manager should be aware of:
Estoppel by Conduct
Estoppel by conduct is a form of estoppel relevant to contract managers, and is based on the concept that a party cannot deny a circumstance if their actions and statements are inconsistent. In other words, a contract manager can be estopped from demanding services to be delivered in accordance with a contract if they have previously:
• Verbally accepted services that were delivered in a manner inconsistent with the contract,
• Done nothing to correct services that were delivered in a manner inconsistent with the contract.
Common Law Provisions
There are also common law provisions which can impact on the form, legality and conduct of building contracts. These common law provisions include: •
The legal requirements for formation of a contract, including an offer, acceptance of the offer, payment of consideration, the legal