FAQs for Contracts
Frequently Asked Questions
- Who negotiates research and consultancy agreements?
- How long will it take for a contract/agreement to be signed?
- What can delay negotiating and executing a contract?
- Who can sign for the University?
- When can I gain access to the project account?
Who Negotiates Research and Consultancy Agreements?
The Contracts Team review and negotiate research related contracts and agreements specific to grants, contract research and University consultancies on behalf of the University. You must ensure that you have and read and understood the terms and conditions of the agreement or contract and are able to comply with all its terms and conditions. If you are concerned about any terms and conditions of a grant or consultancy contract or agreement, discuss them with a Contracts Team member as soon as possible.
The Deputy Vice-Chancellor (Research) makes the final decision about whether a contract or agreement will be signed.
If the Contract or Agreement is inconsistent with University policy, the Deputy Vice-Chancellor (Research) will decide whether the contract or agreement will be accepted. Consideration is usually based on the level of risk and cost to the University.
How Long Will It take For A Contract/ Agreement To Be Signed?
The University cannot set time limits for administration of contracts and agreements, because it does not have control over the length of time it takes to negotiate with a funding organisation or third party.
The following categories of contract can take longer to process:
- Multi-party contracts (because these need to be reviewed and negotiated by all parties)
- Contracts with industry partners involving outcomes with commercial potential
- Contracts with Government (because the contractor may need to refer to a Legal Department outside of their immediate area).
If you have reasons for a contract to be dealt with urgently or within a specified timeframe (e.g. the contractor has given a deadline for acceptance, delay in acceptance will cause financial hardship for a staff member or student who will be funded by the grant), please advise the Contracts Team as early as possible so that an effort can be made to accommodate your needs.
What can delay negotiating and executing a contract?
- Mostly insufficient briefing of the University by the researcher - the Contract Officer may have insufficient information to be able to negotiate
- Researchers sometimes pre-negotiate terms which are contrary to University policy, and that may include underestimating costs
- Budget-associated issues (e.g. infrastructure costs, GST, etc)
Who can sign for the University
Legal agreements and contracts can only by signed by senior officers. In the case of research related contracts and agreements specific to grants, contract research and University consultancies, the Deputy Vice-Chancellor (Research) usually signs such agreements on behalf of the University.
Researchers do not have legal authority to sign contracts or agreements on behalf of the University.
When can I gain access to the project account?
Once all parties have signed the contract or agreement and you have confirmed in writing that you have read and understood the terms of the contract or agreement and will comply with its terms and conditions, the Contracts Officer will send all documentation to OFS, who will establish an account and advise you of details.
You may commence the project once all other approvals have been obtained (e.g. Ethics).