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Commercial Policy

The NSW Government has approved the release of several Commercial Guidelines for infrastructure projects. The guidelines outline the expectations for how Government agencies determine some contractual terms to optimise risk allocation to meet Government’s objectives.

NSW Government Agencies should consider applying these guidelines to procurements for all NSW Government projects and Public Private Partnerships (PPPs), with project specific amendments, where necessary.

Infrastructure NSW developed this guidance in consultation with the Construction Leadership Group agencies and industry. It includes principles on:

  • escalation risk
  • reliance on pre-contract information
  • liability arrangements
  • professional indemnity insurance
  • interface risk management
  • timely resolution of issues
  • contracting out from being bound by legislation


Commercial Principles on Escalation Risk (updated in March 2023)

Commercial Guidelines (updated in May 2022)

For Infrastructure NSW's commercial guidance relating to the coronavirus, please refer to the COVID-19 Commercial Guidelines for Construction Procurement and Contracts (updated in March 2022)

For any queries on these guidelines, please email Infrastructure NSW at