Water Corporation General conditions of contract amended …/media/files/... · ·...

Water Corporation July 2012 Version AS 4906—2002 (Incorporating Amendment No. 1)

Water Corporation General conditions of contract amended from Australian Standard™ Minor Works Contract Conditions (Principal Administered)

(Version July 2012) This document is based on Standards Australia Ltd copyrighted material that is distributed by SAI Global Ltd on Standards Australia Ltd’s behalf. It may be reproduced and modified in accordance with the terms of SAI Global Ltd’s licence 1206-c180 to Water Corporation (“ the Licensee” ). All amended, marked up and licensed copies of this document must be obtained from the Licensee. Standards Australia Ltd’s copyright material is not for resale, reproduction or distribution in whole or in part without written permission from SAI Global Ltd: tel +61 2 8206 6355 [email protected]

AS

49

06

—20

02

Water Corporation – amended and reproduced under copyright licence 1206-c180

This Australian Standard was prepared by Committee OB-003, General Conditions of Contract. It was approved on behalf of the Council of Standards Australia on 29 October 2001. This Standard was published on 25 February 2002.

The following are represented on Committee OB-003:

Association of Consulting Engineers Australia

Australian Chamber of Commerce and Industry

Australian Procurement and Construction Council

AUSTROADS

Construction Industry Engineering Services Group

Construction Policy Steering Committee

Electricity Supply Association of Australia

Institution of Engineers, Australia

Institution of Professional Engineers, New Zealand

Law Council of Australia

Master Builders Australia

National Construction Council of the Australian Industry Group

Process Engineers and Constructors Association

Royal Australian Institute of Architects

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This Standard was issued in draft form for comment as DR 99099.


Water Corporation July 2012 Version AS 4906—2002

(Incorporating Amendment No. 1)

Australian Standard™

Minor Works Contract Conditions (Principal Administered)

Originated as part of AS 4305—1996. Revised and redesignated in part as AS 4906—2002. Reissued incorporating Amendment No. 1 (March 2005).

COPYRIGHT

© Standards Australia

All rights are reserved. No part of this work may be reproduced or copied in any form or by any means, electronic or mechanical, including photocopying, without the written permission of the publisher.

Published by Standards Australia, GPO Box 5420, Sydney, NSW 2001, Australia

ISBN 0 7337 3824 9



PREFACE

This Standard was prepared by the Joint Standards Australia/Standards New Zealand

Committee OB–003, General Conditions of Contract to supersede, in part, AS 4305—1996, Minor works contract conditions.

This Standard incorporates Amendment No. 1 (March 2005). The changes required by the

Amendment are indicated in the text by a marginal bar and amendment number against the

clause, note, table, figure or part thereof affected.

This Standard is the result of a consensus among Australian and New Zealand

representatives on the Joint Committee to produce it as an Australian Standard.

AS 4906—2002, Minor works contract conditions (Principal administered) is part of the suite of conditions of contract based on AS 4000—1997, General conditions of contract.

This Standard is intended to be used for construct-only projects of a simple nature and of limited monetary value. It is not suitable for projects of a complex or long term nature or where a bill of quantities has been prepared. There is also no provision for separable portions or selected subcontracts.

This Standard provides for administration by a Principal. Where it is intended that a Superintendent administer the contract, AS 4905—2002, Minor works contract conditions

(Superintendent administered) should be used.

This Standard is not meant to be used as a short form of AS 4000—1997, General

conditions of contract. Certain obligations and risks are dealt with differently from the way

they are dealt with in AS 4000—1997.

Warnings

1) This Standard provides an option for the parties to limit the Contractor’s

liability for damage to other property of the Principal. See subclause 10.1(a)

and Item 7. Clause 10 (Damage to persons and property other than WUC)

does not otherwise limit the liability of parties for special, indirect or

consequential losses.

This unlimited liability applies notwithstanding any limitations or

exclusions permitted under insurance clauses 11 (Insurance of the Works)

and 12 (Public liability insurance).

Parties wishing to limit their liability should seek insurance and legal

advice before entering a contract under this Standard.

2) Legislation has come into force in some jurisdictions dealing with security

of payments. Parties intending to use this Standard should seek expert

advice as to their rights and obligations under such legislation.



CONTENTS Page

1 Interpretation and construction of Contract ..............................................................1

2 Nature of Contract......................................................................................................4

3 Security .......................................................................................................................7

3A Evidence of Contract ..................................................................................................8

4 Service of notices ........................................................................................................8

5 Discrepancies .............................................................................................................8

6 Assignment and subcontracting..................................................................................9

7 Legislative requirements ............................................................................................9

8 Protection .................................................................................................................10

9 Care of the work and reinstatement of damage........................................................11

10 Damage to persons and property other than WUC..................................................11

11 Insurance of the Works .............................................................................................12

12 Public liability insurance .........................................................................................13

13 Insurance of employees ............................................................................................13

13A Motor vehicle third party liability insurance ...........................................................14

14 Insurance provisions ................................................................................................14

15 Principal’s direction.................................................................................................15

16 Representatives.........................................................................................................15

17 Site ............................................................................................................................15

17A Latent conditions ......................................................................................................16

18 Materials and work...................................................................................................17

19 Programming and suspension ..................................................................................17

20 Time and progress ....................................................................................................20

21 Defects liability.........................................................................................................21

22 Variations .................................................................................................................21

23 Payment ....................................................................................................................22

24 Payment of workers and subcontractors ..................................................................24

25 Default or insolvency................................................................................................24

25A Frustration..................................................................................................................28

26 Notification of claims ...............................................................................................29

27 Dispute resolution ....................................................................................................29

28 Limitation of liability ................................................................................................31

29 Civil Liability Act 2002 ............................................................................................31

Part A .................................................................................................................................33

Part B .................................................................................................................................39

Part C.................................................................................................................................41



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www.standards.com.au © Standards Australia 1

STANDARDS AUSTRALIA

Australian Standard

Minor Works Contract Conditions(Principal Administered)

1 Interpretation and construction of Contract

In the Contract, except where the context otherwise requires

Item means an Item in the Annexure;

bid has the same meaning as tender;

Aboriginal means a person of Aboriginal or Torres Strait Islander descent who identifies as such and is accepted as such by the community in which he or she lives or has lived;

certificate of

practical completion

has the meaning in subclause 20.4;

compensable cause means any act, default or omission of the Principal or its consultants,

agents or other contractors (not being employed by the Contractor);

construction plant means appliances and things used in the carrying out of WUC but not forming part of the Works;

construction program has the meaning in clause 19 and is deemed to be a Contract document;

Contract means the agreement between the Principal and the Contractor;

contract sum means:

a) where the Principal accepted a lump sum, the lump sum;

b) where the Principal accepted rates, the sum of the products

ascertained by multiplying the rates by the corresponding quantities in the schedule of rates or schedule of prices; or

c) where the Principal accepted a lump sum and rates, the aggregate

of the sums referred to in paragraphs (a) and (b),

including provisional sums and provisional quantities, but excluding any additions or deductions which may be required to be made under the

Contract;

Contractor means the person bound to carry out and complete WUC;

date for practical

completion

means the date stated in Item 5(a) or the last day of the period of time

stated in Item 5(b), but if any EOT for practical completion is directed or otherwise allowed, it means the date resulting therefrom;

date of acceptance of

tender

means the date which appears on the written notice of acceptance of

tender;



© Standards Australia www.standards.com.au 2

date of practical

completion

means:

a) the date evidenced in a certificate of practical completion as the

date upon which practical completion was reached; or

b) where another date is determined in any arbitration or litigation as the date upon which practical completion was reached, that other

date;

defects has the meaning in clause 21 and includes omissions;

defects liability period has the meaning in clause 21;

direction includes agreement, approval, assessment, authorisation, certificate, decision, demand, determination, explanation, instruction, notice, order, permission, rejection, request or requirement;

dispute has the meaning in clause 27;

EOT (from ‘extension

of time’)

has the meaning in subclause 20.2;

excepted risk has the meaning in subclause 9.3;

final certificate has the meaning in subclause 23.3;

final payment has the meaning in clause 23;

final payment claim means the final payment claim referred to in subclause 23.3;

latent condition has the meaning in subclause 17A.1;

legislative requirement includes:

a) Acts, Ordinances, regulations, by-laws, orders, awards and

proclamations of the jurisdiction where WUC or the particular

part thereof is being carried out;

b) certificates, licences, consents, permits, approvals and

requirements of organisations having jurisdiction in

connection with the carrying out of WUC; and

c) fees and charges payable in connection with the foregoing;

Operating Licence means the licence issued, from time to time, to the Principal under

the Water Services Licensing Act 1995;

policy requirements means the Principal’s policy requirements described in the Contract;

practical completion is that stage in the carrying out and completion of WUC when the Works

are complete except for minor defects;

Principal means the principal stated in Item 1;

progress certificate has the meaning in subclause 23.2;

provisional quantity has the meaning in subclause 2.6;




provisional sum has the meaning in subclause 2.5 and includes monetary sum,

contingency sum and prime cost item;

public liability policy has the meaning in clause 12;

qualifying cause of

delay

means a cause of delay other than that caused by:

a) any act, default or omission of the Superintendent, the Principal or its consultants, agents or other contractors (not being employed by the Contractor); or

b) other than:

a)i) a breach or omission by the Contractor; and

b)ii) industrial conditions or inclement weather occurring after the date for

practical completion;

schedule of prices means the priced schedule, titled “Schedule of Prices”, included in the Contract which:

a) shows the individual items comprising the contract sum;

b) for each section or item of work to be carried out, shows the

lump sum price or rate or respective rates of payment for

carrying out that work; and

c) may include provisional sums, provisional quantities and other

sums for additional items;

security means:

a) cash;

b) retention moneys;

c) an unconditional undertaking in the form in Annexure Part C

given by an approved financial institution having an office in

Perth, Western Australia; or

d) other form approved by the party having the benefit of the

security;

separable portion means a portion of the Works identified as such in the Contract or by the Principal pursuant to subclause 2.7;

site means the lands and other places to be made available and any other lands and places made available to the Contractor by the Principal for

the purpose of the Contract;

temporary works means work used in carrying out and completing WUC, but not forming part of the Works;

variation has the meaning in clause 22;

the Works means the whole of the work to be carried out and completed in

accordance with the Contract, including variations provided for by the Contract, which by the Contract is to be handed over to the Principal;

work includes the provision of materials;




WUC (from ‘work

under the Contract’)

means the work which the Contractor is or may be required to carry out and complete under the Contract and includes variations, remedial

work, construction plant and temporary works,

and like words have a corresponding meaning.

In the Contract:

a) references to days mean calendar days and references to a person include an individual, firm or a body, corporate or unincorporate;

b) time for doing any act or thing under the Contract shall, if it ends

on a Saturday, Sunday or Statutory or Public Holiday, be deemed to end on the day next following which is not a Saturday, Sunday or Statutory or Public Holiday;

c) clause headings and subclause headings shall not form part of, nor be used in the interpretation of, the Contract; and

d) words in the singular include the plural and words in the plural

include the singular, according to the requirements of the context. Words importing a gender include every gender;

e) measurements of physical quantities shall be in legal units of measurement of the jurisdiction in Item 5A;

f) unless otherwise provided, prices are in Australian dollars and payments shall be made in that currency at the place in Item 5B;

g) the law governing the Contract, its interpretation and construction, and any agreement to arbitrate, is the law of the jurisdiction in Item 5A; and

h) if pursuant to Annexure Part B to these General Conditions of Contract, clauses or their parts in these General Conditions are deleted, the Contract shall be read and construed as though the clause or its part has been deleted, whether or not that particular clause or its part has been struck from these General Conditions.

2 Nature of Contract

2.1 Performance and Payment

The Contractor shall carry out and complete WUC in accordance with

the Contract and directions authorised by the Contract.

The Principal shall pay the Contractor:

a) for work for which the Principal accepted a lump sum, the lump

sum; and

b) for work for which the Principal accepted rates, the sum of the products ascertained by multiplying the measured quantity of

each section or item of work actually carried out under the Contract by the rate accepted by the Principal for the section or item,

adjusted by any additions or deductions made pursuant to the Contract.

2.2 Quantities

Quantities in a schedule of rates are estimated quantities only.




The Principal is not required to give a direction by reason of the actual quantity of an item required to perform the Contract being greater or

less than the quantity shown in the schedule of rates.

If the schedule of rates omits an item which should have been included, the item shall be a deemed variation.

2.3 Purpose and use of the schedule of prices

If a schedule of prices is included in the Contract it shows the lump

sum price or rate of payment for each item of work to be carried out

and forms part of the Contract.

The schedule of prices:

a) shall be used to assess payment claims under clause 23

b) shall be used to identify provisional sums under subclause 2.5;

c) shall be used to identify provisional quantities under subclause

2.6; and

d) may be used by the Principal to price variations under

subclause 22.2;

All values in the “Amount column” for the items in the schedule of

prices are fixed except in the case of items in the schedule of prices containing provisional quantities, provisional sums, or items that include a limit of accuracy. Where an item in the schedule of prices contains a limit of accuracy, the Principal has accepted a rate for the item and the value in the “Amount” column is used to determine the contract sum.

Where, otherwise than by reason of a direction to vary WUC, the actual quantity of an item in the schedule of prices required to perform the Contract is greater or less than the quantity shown in the schedule of prices and the Principal accepted a rate for the item, then where the item has a specified limit of accuracy in the schedule

of prices the rate shall apply to the greater or lesser quantities within the limits, and quantities outside the limits shall be a deemed variation.

Rates for items in the schedule of prices that include a limit of

accuracy include profit and overheads and are fixed within the

limits of accuracy.

2.4 Errors in the schedule of prices

If the schedule of prices:

a) contains an error being an incorrect quantity or rate for an

item included in the schedule of prices;

b) omits an item, quantity or rate which should have been

included; or

c) contains an error, being an incorrect rate for an item that

includes a limit of accuracy included in the schedule of prices,




the Contractor shall not be entitled to:

(i) an addition to the contract sum;

(ii) an EOT;

(iii) a variation; or

(iv) make any other claim against the Principal,

arising from or in connection with that error or omission.

This subclause 2.4 shall not affect the right of the Contractor to claim an addition to the contract sum in the case of:

a) a variation in accordance with subclause 2.3 for a quantity supplied outside the limits of accuracy for that item;

b) a provisional sum pursuant to subclause 2.5; or

c) a provisional quantity pursuant to subclause 2.6.

2.5 Provisional sum

A provisional sum included in the Contract shall not itself be payable by the Principal, but where pursuant to a direction the work or item to which the provisional sum relates is carried out or supplied by the Contractor, the work or item shall be priced by the Principal, and the difference shall be added to or deducted from the contract sum.

Where any part of such work or item is carried out or supplied by a subcontractor, the Principal shall allow the amount payable by the Contractor to the subcontractor for the work or item, disregarding:

a) any damages payable by the Contractor to the subcontractor

or vice versa; and

b) any deduction of cash discount for prompt payment,

plus an amount for profit and attendance calculated by using the percentage where stated in the schedule of prices or, if not so stated, as assessed by the Principal.

2.6 Provisional quantities

A provisional quantity included in the Contract shall not itself be payable by the Principal unless pursuant to a direction the work or item to which the provisional quantity relates, is carried out or supplied by the Contractor.

Provisional quantities have no limits of accuracy. The Principal shall pay the Contractor for a provisional quantity at the rate therefor in the schedule of prices, which rate includes profit and overheads, for the actual work carried out or item supplied by the Contractor at the direction of the Principal. If the Principal directs that a greater or lesser quantity than the provisional quantity specified in the schedule of prices be carried out, the Principal shall price the value of the difference between the provisional quantity and the actual quantity carried out, calculated at the rate for that work stated in the schedule of prices, and the difference shall be added to or deducted from the contract sum.




2.7 Separable portions

Separable portions may be directed by the Principal, who shall clearly identify for each, the:

a) portion of the Works;

b) date for practical completion; and

c) respective amounts for security, liquidated damages and delay

damages (all calculated pro-rata according to the ratio of the

Principal’s valuation of the separable portion to the

contract sum).

3 Security

3.1 Provision

Security shall be provided in accordance with Item 6. All delivered

security, other than cash or retention moneys, shall be transferred in

escrow.

3.2 Recourse

if the Principal remains unpaid after the time for payment the Principal shall be entitled to have recourse to security. Security shall

be subject to recourse by the Principal who remains unpaid after the time for payment where at least 5 days have elapsed since the Principal has notified the Contractor of intention to have recourse.

If security is provided to secure performance of the Works, recourse may be had to that security if the Works fail to meet those performance requirements.

3.3 Reduction and release

Upon the issue of a certificate of practical completion, the Principal’s entitlement to security in Item 6(b) shall be reduced to 50 per cent thereof and the reduction shall be released and returned within 14 days

to the Contractor.

The Principal shall release and return the balance of security then held to the Contractor within 14 days of the final certificate.

The Principal’s entitlement to security in Item 6(e) shall cease after the date or event stated in Item 6(f) and that security shall be released and returned within 14 days to the Contractor.

3.4 Trusts and interest

Except where held by a government department or agency or a municipal, public or statutory authority, any portion of security (and interest earned thereon) which is cash or retention moneys, shall be held

in trust for the Contractor until the Principal or the Contractor is entitled to receive them.

Interest earned on security not required to be held in trust shall belong

to the party holding that security.




3A Evidence of Contract

Until a formal instrument of agreement is executed by the parties, documents evidencing the parties’ consensus shall constitute the Contract. If such Contract requires a formal instrument of agreement, the Principal shall, within 28 days of the date of

acceptance of tender, send it in duplicate for execution by the Contractor. Within 14 days after receiving them, the Contractor shall (if they are correct) properly execute both copies and return them.

Notwithstanding any other provision of the Contract, the Contractor shall not be entitled to payment until such copies are properly executed and returned by the Contractor.

Within 14 days after receiving them, the Principal shall execute both copies and send one copy to the Contractor.

The Principal may extend the time under this clause by written notice to the Contractor.

4 Service of notices

A notice (and other documents) shall be deemed to have been given and

received:

a) if addressed or delivered to the relevant address in the Contract or last communicated in writing to the person giving the notice; and

b) on the earliest date of:

(i) actual receipt;

(ii) confirmation of correct electronic transmission of fax; or

(iii) 3 days after posting.

5 Discrepancies

Figured shall prevail over scaled dimensions in a discrepancy.

Otherwise, if either party discovers any inconsistency, ambiguity or discrepancy in any document prepared for the purpose of carrying out WUC, that party shall give the other party written notice of it. The

Principal, thereupon, and upon otherwise becoming aware, shall direct the Contractor as to the interpretation and construction to be followed.

Except as provided in subclause 2.4 or elsewhere in the Contract, if compliance with any such direction under this subclause causes the Contractor to incur more or less cost than otherwise would have been incurred had the direction not been given, the difference shall be

assessed by the Principal and added to or deducted from the contract

sum.




6 Assignment and subcontracting

6.1 Assignment

Neither party shall, without the other’s prior written approval (including

terms) assign the Contract or any payment or any other right, benefit or interest thereunder.

6.2 Subcontracting

The Contractor shall not without the Principal’s prior written approval (which shall not be unreasonably withheld):

a) subcontract or allow a subcontractor to subcontract any work; or

b) allow a subcontractor to assign a subcontract or any payment or any other right, benefit or interest thereunder.

The Contractor shall give the Principal other information which the Principal reasonably requests, including the proposed subcontract documents without prices.

Approval may be conditional upon any subcontract including: a provision that the subcontract shall exclude part 1F of the Civil Liability Act (WA).

The Contractor may subcontract Subcontracting any part of WUC but

subcontracting shall not relieve the Contractor from any liability or obligation under the Contract.

7 Legislative requirements

7.1 General

The Contractor shall satisfy all legislative requirements except where

otherwise provided for under the Contract or directed by the Principal to be satisfied by or on behalf of the Principal.

The Contractor shall, within 7 days after its issue, give the Principal a copy of each document issued to the Contractor by any municipal, public or other statutory authority in respect of WUC and, in particular, any approval of WUC.

7.2 Changes

If a change in a legislative requirement that:

(a) comes into effect after the closing of tenders; and

(b) could not reasonably have been anticipated by the Contractor when preparing its tender;

necessitates a change to the Works and causes the Contractor to incur more or less cost than would otherwise have been incurred, the

difference shall be assessed by the Principal and added to or deducted from the contract sum.




7.3 Other requirements

The Contractor shall carry out and complete WUC in a manner that shall not contravene:

a) the Operating Licence nor cause the Purchaser to contravene the Operating Licence; or

b) the Purchaser’s Occupational Safety and Health procedures.

If the Principal is of the opinion that any person carrying out WUC is not complying with the requirements of sub-paragraphs (a) or (b) of this subclause, the Principal may direct the Contractor to remove that person from the site and not employ that person again on-site without the Principal’s written approval. The Contractor shall comply with any such direction at the Contractor’s own cost.

7.4 Policy requirements

The Contractor shall comply with the policy requirements.

The Contractor shall cooperate with any compliance audits undertaken by the Principal to ensure the Contractor’s compliance with the policy requirements and shall provide such information and certification as the Principal reasonably requires.

7.5 Contractor indemnity

The Contractor shall indemnify the Principal against any loss or damage suffered by the Principal arising out of or in connection with the Contractor’s failure to comply with subclause 7.1, 7.3 or 7.4.

8 Protection

Insofar as compliance with the requirements of the Contract permits,

the Contractor shall:

a) take measures necessary to protect people and property;

b) avoid unnecessary interference with the passage of people and

vehicles; and

c) prevent nuisance and unreasonable noise and disturbance.

If the Contractor damages property, the Contractor shall promptly

rectify the damage and pay any compensation which the law requires the Contractor to pay.

If urgent action is necessary to protect WUC, other property or people

and the Contractor fails to take the action, in addition to any other remedies of the Principal, the Principal may take the necessary action. If the action was action which the Contractor should have taken at the

Contractor’s cost, the Principal shall certify the cost incurred as moneys due from the Contractor to the Principal.

If time permits, the Principal shall give the Contractor prior written

notice of the intention to take action pursuant to this clause.




9 Care of the work and reinstatement of damage

9.1 Care of WUC

Except as provided in subclause 9.3, the Contractor shall be responsible

for the care of:

a) the whole of WUC from and including the date of commencement of WUC to 4:00 pm on the date of practical completion, at which

time the responsibility for the care of the Works (except to the extent provided in paragraph (b)) shall pass to the Principal; and

b) outstanding work and items to be removed from the site by the

Contractor after 4:00 pm on the date of practical completion until completion of outstanding work or compliance with the Contractor’s obligations under clause 21.

9.2 Reinstatement

If loss or damage, other than to the extent caused by an excepted risk, occurs to WUC during the period of the Contractor’s care, the Contractor shall, at its cost, rectify such loss or damage.

9.3 Excepted Risks

The excepted risks causing loss or damage, for which the Principal is liable, are:

a) any negligent act or omission of the Principal or others for whom

it is responsible;

b) any risk specifically excepted elsewhere in the Contract;

c) war, invasion, act of foreign enemies, hostilities (whether war be

declared or not), civil war, rebellion, revolution, insurrection or military or usurped power, martial law or confiscation by order of any Government or public authority;

d) ionizing radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel not caused by the Contractor or those for whom it is

responsible;

e) use or occupation of any part of WUC by the Principal or others for whom it is responsible; and

f) defects in the design of WUC, other than design provided by the Contractor.

10 Damage to persons and property other than WUC

10.1 Indemnity by Contractor

Insofar as this subclause applies to property, it applies to property other

than WUC.

The Contractor shall indemnify the Principal against:

a) loss of or damage to the Principal’s property. The limit of

indemnity under this paragraph, in respect of such property, shall be the amount stated in Item 7; and




b) claims in respect of personal injury or death or loss of, or damage to, any other property,

arising out of or as a consequence of the carrying out of WUC, but the indemnity shall be reduced proportionally to the extent that the act or omission of the Principal or others for whom it is responsible may have

contributed to the injury, death, loss or damage.

This subclause shall not apply to:

a) the extent that the Contractor’s liability is limited by another

provision of the Contract;

b) exclude any other right of the Principal to be indemnified by the Contractor;

c) things for the care of which the Contractor is responsible under subclause 9.1; and

d) claims in respect of the right of the Principal to have WUC

carried out.

10.2 Indemnity by Principal

The Principal shall indemnify the Contractor in respect of claims referred to in paragraph (d) of subclause 10.1.

11 Insurance of the Works

Before the Contractor commences WUC, the Contractor shall insure all things referred to in subclause 9.1 against loss or damage resulting from any cause until the Contractor ceases to be responsible for their care.

Without limiting the generality of the obligation to insure, such insurance shall cover the Contractor’s liability under subclause 9.2 and things in storage off site and in transit to the site but may exclude:

(a) the cost of making good fair wear and tear or gradual deterioration, but shall not exclude the loss or damage resulting therefrom;

(b) the cost of making good faulty design, workmanship and materials, but shall not exclude the loss or damage resulting therefrom;

(c) consequential loss of any kind, but shall not exclude loss of or damage to the Works;

(d) damages for delay in completing or for the failure to complete the

Works;

(e) loss or damage resulting from ionising radiations or contamination by radioactivity from any nuclear fuel or from any

nuclear waste from the combustion of nuclear fuel resulting from any cause;

(f) loss or damage resulting from the excepted risks referred to in

paragraphs (b) and (c) of subclause 9.3.

The insurance cover shall be for an amount not less than the sum stated in Item 8.




Insurance shall be in the joint names of the parties and shall cover the parties and all subcontractors whenever engaged in WUC for their

respective rights, interests and liabilities.

Before the date of acceptance of tender, the Principal shall insure

WUC in the terms of the policy referred to in the tender documents.

The Principal shall maintain such insurance while ever the

Contractor has an interest in WUC.

12 Public liability insurance

Before commencing WUC, the Contractor shall effect and maintain for the duration of the Contract, a public liability policy.

The policy shall:

(a) be in the joint names of the parties;

(b) cover the:

(i) respective rights and interests; and

(ii) liabilities to third parties,

of the parties and subcontractors from time to time, whenever engaged in WUC;

(c) cover the parties’ respective liability to each other for loss or damage to property (other than property required to be insured by clause 11) and the death of or injury to any person (other than

liability which the law requires to be covered under a workers compensation insurance policy);

(d) be endorsed to cover the use of any construction plant not covered

under a comprehensive or third party motor vehicle insurance policy;

(e) provide insurance cover for an amount in respect of any one

occurrence of not less than the sum stated in Item 9; and

(f) be with an insurer and otherwise in terms both approved in writing by the Principal (which approvals shall not be

unreasonably withheld).

Before the date of acceptance of tender, the Principal shall effect in

relation to WUC, a public liability policy referred to in the tender

documents. The Principal shall maintain such insurance while ever

the Contractor has an interest in WUC.

Before commencing WUC, the Contractor shall effect and maintain for the duration of the Contract, a public liability insurance policy to cover the indemnity provided by the Contractor under clause 10 for an amount in respect of any one occurrence of not less than the sum in Item 9.

13 Insurance of employees

Before commencing WUC, the Contractor shall insure against statutory

and common law liability for death of or injury to persons employed by the Contractor. The insurance cover shall be maintained until completion of all WUC.




Where permitted by law, such insurance shall be extended to provide indemnity for the Principal’s statutory liability to the Contractor’s

employees.

The Contractor shall ensure that all subcontractors have similarly insured their employees.

If the Contractor is a natural person and carries out WUC pursuant to this Contract, that natural person will be covered under the Principal’s workers’ compensation insurance against liability for death or injury arising out of or in connection with the performance of the Contract.

If the Contractor has a working director (without workers’ compensation insurance coverage) and that working director carries out WUC pursuant to this Contract, the working director will be covered under the Principal’s workers’ compensation insurance against liability for death or injury arising out of or in connection with the performance of the Contract.

With regard to the worker’s compensation insurance provided by the Principal for the Contractor’s personnel as identified in this clause13, the Contractor shall:

a) if requested by the Principal, promptly provide all information requested by the Principal, which the Principal requires in order for the Principal’s insurer to determine the premiums for workers’ compensation insurance coverage of the Contractor’s personnel;

b) provide information which the Principal may require the Contractor to provide, which may include an estimate of the value of the work provided by the insured Contractor’s personnel for the Principal as a percentage of the Contractor’s total work. Such information will be used only for the purpose described above; and

c) provide the information referred to in subparagraphs (a) and (b) of this clause notwithstanding termination or completion of the Contract.

13A Motor vehicle third party liability insurance

Before commencing WUC, the Contractor shall effect and maintain for the duration of the Contract, a motor vehicle third party liability policy to cover damage to motor vehicles and other property for an amount in respect of any one occurrence of not less than the sum in Item 9A.

14 Insurance provisions

14.1 Proof of insurance

Before the Contractor commences WUC and whenever requested in writing by the Principal, the Contractor shall provide satisfactory

evidence of such insurance effected and maintained.

Insurance shall not limit liabilities or obligations under other provisions of the Contract.




14.2 Cross liability

Any insurance required to be effected in joint names in accordance with

the Contract shall include a cross liability clause in which the insurer agrees to waive all rights of subrogation or action against any of the persons constituting the insured and for the purpose of which the

insurer accepts the term ‘insured’ as applying to each of the persons constituting the insured as if a separate policy of insurance had been issued to each of them (subject always to the overall sum insured not

being increased thereby).

14.3 Insurance deductible

The Contractor is responsible for payment of any deductible under any policy of insurance taken out pursuant to the Contract and shall pay the amount of the deductible to the Principal upon demand.

15 Principal’s direction

Except where the Contract otherwise provides, the Principal may give a direction orally but shall as soon as practicable confirm it in writing. If

the Contractor in writing requests the Principal to confirm an oral direction, the Contractor shall not be bound to comply with the direction until the Principal does so.

16 Representatives

The Principal may appoint a Principal’s representative to exercise delegated Principal’s functions. The name and functions of each Principal’s representative shall be notified to the Contractor in writing.

The Contractor shall superintend WUC personally or by a competent representative.

If the Contractor appoints a representative, the Contractor shall

forthwith give the Principal written notice of the representative’s name.

17 Site

17.1 Possession

The Principal shall, on or before the expiry of the time stated in Item 10, give the Contractor possession of sufficient of the site for

commencement of WUC on site. If the Principal has not given the Contractor possession of the whole of the site, the Principal shall give the Contractor possession of such further portions of the site as may,

from time to time, be necessary for carrying out WUC.

Possession of the site shall confer on the Contractor a right to only such use and control as is necessary to enable the Contractor to carry out

WUC.

The Contractor shall at all reasonable times give the Principal access to WUC.

The Contractor shall keep the site and WUC clean and tidy and shall regularly remove rubbish and surplus material.




17.2 Pre-conditions to possession of site

The Contractor shall:

a) comply with:

i) subclause 14.1; and

ii) clause 19; and

b) provide the Principal with the documents listed in Item 10A,

prior to being granted possession of the whole or any part of the site

pursuant to subclause 17.1.

17.3 Site cleaning up

The Contractor shall keep the site and WUC clean and tidy and

regularly remove rubbish and surplus material.

Within 14 days after the date of practical completion, the Contractor

shall clear away and remove from the site all construction plant,

surplus material, rubbish and temporary works and fill in,

consolidate and level-off all excavations (excluding those that form

part of the Works), all to the satisfaction of the Principal.

17.4 Site working hours

Working hours and working days for the site shall be as notified in

Item 10B.

17A Latent conditions

17A.1 Scope

Latent conditions are physical conditions on the site and its near surrounds, including artificial things but excluding weather conditions, which differ materially from the physical conditions which should reasonably have been anticipated by a competent contractor at the time of the Contractor’s tender.

17A.2 Notification

The Contractor, upon becoming aware of a latent condition while carrying out WUC, shall promptly, and where possible before the latent condition is disturbed, give the Principal written notice of the general nature thereof.

If required by the Principal promptly after receiving that notice, the

Contractor shall, as soon as practicable, give the Principal a written

statement of:

a) the latent condition encountered and the respects in which it

differs materially;




b) the additional work, resources, time and cost which the

Contractor estimates to be necessary to deal with the latent

condition; and

c) other details reasonably required by the Principal.

17A.3 Deemed variation

The effect of the latent condition shall be a deemed variation, priced

based on the information provided by the Contractor at subclause

17A.2 and including an EOT claim where applicable.

18 Materials and work

18.1 Quality of material and work

Unless otherwise provided, the Contractor shall use suitable new materials and proper and tradesmanlike workmanship.

18.2 Defective work

If the Principal becomes aware of work done (including material

provided) by the Contractor which does not comply with the Contract, the Principal shall as soon as practicable give the Contractor written details thereof. If the subject work has not been rectified, the Principal

may direct the Contractor to do any one or more of the following (including reasonable times for commencement and completion):

a) remove the material from the site;

b) demolish the work;

c) reconstruct, replace or correct the work; and

d) not deliver it to the site.

If the Contractor fails to comply with such a direction and that failure has not been made good within 5 days after the Contractor receives written notice that the Principal intends to have the subject work

rectified by others, the Principal may have the work so rectified. The cost thereby incurred shall be moneys due to the Principal.

The Principal may give a direction pursuant to this subclause at any

time before the expiry of the defects liability period.

19 Programming and suspension

19.1 Construction program

Prior to commencing WUC and not more than 14 days after the date

of acceptance of tender, the Contractor shall provide a construction

program, to the satisfaction of the Principal, based on the preliminary construction program included in the tender response. This construction program shall be maintained in any subsequent construction program as the baseline construction program, which program remains unchanged throughout the Contract. Any update of the construction program pursuant to the provisions of the Contract shall include and show the baseline construction program.




The construction program shall be developed and maintained in a suitable computer program approved by the Principal. The data in the construction program shall be presented in a tabular form and illustrated in the form of a Gantt chart.

Unless otherwise directed by the Principal, the construction program

shall contain, as a minimum, the following:

a) the proposed sequence of activities (including any Principal’s

activities), including identification of the critical path, all

working days, weekends, and public and statutory holidays;

b) for each activity, a unique identifier and description, the

planned start and finish dates, duration, predecessor and

successor activities and resource requirements;

c) sufficient activities and details to fully describe the

Contractor’s planning of WUC and the method of achieving

practical completion by the date for practical completion

including the following activities, milestones and events, as

applicable:

(i) site access;

(ii) appointment of key subcontractors;

(iii) inspection and testing of the Works;

(iv) the acquisition and delivery of major equipment and

materials (including Principal-supplied materials and

equipment);

(v) off-site and on-site activities of WUC;

(vi) milestones and key dates for items such as the approval

of authorities;

(vii) activity resource requirements, including the

manpower and key plant and equipment required to

complete each task; and

(viii) provision of any documentation including manuals,

drawings, survey records, certificates, warranties,

quality records and such other items required by the

Contract.

The Contractor shall provide an updated version of the then current construction program following the granting of each EOT and when otherwise directed by the Principal.

The Principal may otherwise direct the Contractor to give the Principal a construction program within the time and in the form directed.

The Contractor shall not, without reasonable cause, depart from a the current construction program.




19.2 Progressive program reporting

The Contractor shall, with each progress claim given pursuant to subclause 23.1, provide the Principal with an updated construction

program, which shows the status of WUC at that date. Each updated

construction program shall include and be based on the current version of the construction program provided pursuant to subclause 19.1.

Where the updated construction program shows a forecast date of

practical completion later than the date for practical completion, the Contractor shall detail the actions the Contractor proposes to take to mitigate the delay.

Unless otherwise directed by the Principal, the version of the updated construction program shall contain as a minimum:

a) actual progress for each activity of WUC as at the report date, including actual start and finish dates and percentage completed where applicable for each such activity;

b) the baseline construction program in accordance with subclause 19.1;

c) insofar as applicable, the effect of any approved variations;

d) all periods of suspension of WUC;

e) the critical path to practical completion as at the report date;

f) the current date for practical completion;

g) the forecast date for practical completion; and

h) all agreed changes to the Contractor’s construction methodology.

19.3 Generally

The Contractor shall give the Principal reasonable advance notice of when the Contractor needs information, materials, documents or instructions from the Principal.

The Principal shall not be obliged to give any information, materials, documents or instructions earlier than the Principal, should reasonably have anticipated at the date of acceptance of

tender.

The Principal may direct in what order and at what time the various stages or portions of WUC shall be carried out. If the Contractor can reasonably comply with the direction, the Contractor shall do so. If the Contractor cannot reasonably comply, the Contractor shall give the Principal written notice of the reasons.

If compliance with any direction under the preceding paragraph of this subclause 19.3, except those pursuant to the Contractor’s default, causes the Contractor to incur more or less cost than otherwise would have been incurred had the Contractor not been given the direction, the difference shall be assessed by the Principal and added to or deducted from the contract sum.

Except for the cost incurred by the Contractor where the Contractor provides an updated construction program for a compensable cause,




the cost of providing, developing, maintaining, updating or amending each construction program shall be deemed to be allowed for in the contract sum.

19.4 Suspension

The Principal may direct the Contractor to suspend the carrying out of the whole or part of WUC for such time as the Principal thinks fit, if the

Principal, acting reasonably, is of the opinion it is necessary.

If the suspension is due to an act or omission of the Principal or others for whom it is responsible and the suspension causes the Contractor to

incur more or less cost than would otherwise have been incurred but for the suspension, the difference shall be assessed by the Principal and added to or deducted from the contract sum.

20 Time and progress

20.1 Progress

The Contractor shall ensure that WUC reaches practical completion by the date for practical completion.

Each party shall promptly notify the other of delay to WUC.

20.2 Claim

If the Contractor:

a) is or will be delayed in reaching practical completion by a qualifying cause of delay that includes but is not limited to any act, default or omission of the Principal or its consultants, agents or other contractors (not being employed by the Contractor); and

b) gives the Principal, within 28 days of when the Contractor should reasonably have become aware of the causation occurring, a detailed written claim for an EOT, which shall include an updated current construction program that identifies the delay and its effect on the critical path,

the Contractor shall be entitled to such EOT for carrying out WUC

(including reaching practical completion) as the Principal, acting reasonably, assesses.

20.3 Extension of time

Within 28 days after receiving such claim for EOT, the Principal shall

give to the Contractor a written direction evidencing the EOT so assessed. If the Principal does not do so, there shall be a deemed assessment and direction for an EOT as claimed.

Notwithstanding that the Contractor is not entitled to or has not claimed an EOT, the Principal may at any time and from time to time before issuing the final certificate direct an EOT.

20.4 Practical completion

Within 14 days after receiving a request by the Contractor for the issue of a certificate of practical completion, the Principal shall give to the




Contractor either a certificate of practical completion evidencing the date of practical completion or written reasons for not doing so.

If the Principal is of the opinion that practical completion has been reached, the Principal may issue a certificate of practical completion even though no request has been made.

20.5 Liquidated damages

If WUC does not reach practical completion by the date for practical

completion, liquidated damages in Item 11(a) shall be due and payable to the Principal for every day after the date for practical completion to

and including the earliest of the date of practical completion or termination of the Contract or the Principal taking WUC out of the hands of the Contractor.

If an EOT is directed after the Contractor has paid liquidated damages, the Principal shall forthwith repay to the Contractor such of those liquidated damages as represent the days the subject of the EOT.

The Principal hereby waives that part of liquidated damages exceeding the Item 11(b) amount.

20.6 Delay damages

For every day the subject of an EOT for a compensable cause and for

which the Contractor gives the Principal a claim for delay damages, damages in accordance with Item 12 shall be due and payable to the Contractor.

21 Defects liability

The defects liability period stated in Item 13 shall commence on the date of practical completion at 4:00 pm.

The Contractor shall carry out rectification of defects at times and in a

manner causing as little inconvenience to the occupants or users of the

Works as is reasonably possible.

As soon as possible after the date of practical completion, the

Contractor shall rectify all defects existing at the date of practical

completion.

During the defects liability period, the Principal may give the

Contractor a direction to rectify a defect. The direction shall identify the defect and state reasonable dates for commencement and completion of its rectification.

If the rectification is not commenced or completed by the stated dates, the Principal may have the rectification carried out by others but without prejudice to any other rights and remedies the Principal may

have. The cost thereby incurred shall be moneys due and payable to the Principal.

22 Variations

22.1 Directing variations

The Contractor shall not vary WUC except as directed in writing.




The Principal, before the date of practical completion, may direct the Contractor to vary WUC or execute additional work but such variation

shall be of a character and extent contemplated by, and capable of being carried out under, the provisions of the Contract.

22.2 Pricing

The Principal shall, as soon as possible, price each variation using the

following order of precedence:

a) prior agreement;

b) applicable rates or prices in the Contract;

c) rates or prices in a schedule of rates or schedule of prices, even though not Contract documents, to the extent that it is reasonable to use them; and

d) reasonable rates or prices, which shall include a reasonable amount for profit and overheads,

and any deductions shall include a reasonable amount for profit but not

overheads.

That price shall be added to or deducted from the contract sum.

23 Payment

23.1 Progress claims

The Contractor shall claim payment progressively in accordance with

Item 14.

An early progress claim shall be deemed to have been made on the date for making that claim.

Each progress claim shall be given in writing to the Principal and:

a) shall include details of the value of WUC done accompanied by the updated construction program pursuant to subclause 19.2;

b) shall specify the percentage completed for each item of work in the schedule of prices; and

c) may include details of other moneys then due to the Contractor

pursuant to provisions of the Contract.

23.2 Certificates

The Principal shall, within 14 days after receiving such a progress claim that fully complies with subclause 23.1 a), b) and if applicable c), assess the claim and shall issue a progress certificate stating the moneys due to the Contractor or the Principal, as the case may be. The Principal shall set out in the progress certificate the calculations

employed to arrive at the amount certified and, if the amount is more or less than the amount claimed by the Contractor, the reasons for the difference.

Within 21 28 days after receipt by the Principal of such a progress claim, the Principal or the Contractor, as the case may be, shall pay:




a) the amount certified, if the Principal has issued a progress

certificate with respect to the progress claim; or

b) the amount of the progress claim, if the Principal has not so certified.

Neither a progress certificate nor a payment of moneys shall be

evidence that the subject WUC has been carried out satisfactorily. Payment other than final payment shall be payment on account only.

Except as provided elsewhere in the Contract, the Principal shall not be

obliged to pay for unfixed plant and materials.

23.3 Final payment claim and certificate

Within 28 days after the expiry of the defects liability period, the Contractor shall give the Principal a written final payment claim

endorsed ‘Final Payment Claim’ being a progress claim together with all other claims whatsoever in connection with the subject matter of the Contract.

Within 42 days after the expiry of the defects liability period, the Principal shall issue to the Contractor a final certificate evidencing the moneys finally due and payable between the Contractor and the

Principal on any account whatsoever in connection with the subject matter of the Contract.

Those moneys certified as due and payable shall be paid by the

Principal or the Contractor, as the case may be, within 7 14 days after the debtor receives the final certificate.

The final certificate shall be conclusive evidence of accord and

satisfaction, and in discharge of each party’s obligations in connection with the subject matter of the Contract except for:

a) fraud or dishonesty relating to WUC or any part thereof or to any

matter dealt with in the final certificate;

b) any defect or omission in the Works or any part thereof which was not apparent at the end of the defects liability period, or which

would not have been disclosed upon reasonable inspection at the time of the issue of the final certificate;

c) any accidental or erroneous inclusion or exclusion of any work or

figures in any computation or any arithmetical error in any computation; and

d) unresolved issues the subject of any notice of dispute pursuant to

clause 27, served before the 7th day after the issue of the final

certificate.

23.4 Interest

Interest in Item 15 shall be due and payable after the date of default in

payment.

23.5 Other moneys due

The Principal may elect that moneys due and owing otherwise than in connection with the subject matter of the Contract also be due to the Principal pursuant to the Contract.




23.6 Goods and services tax

The parties confirm that they are both registered for GST pursuant to the GST Act and that should either of them cease to be so registered they shall inform the other at the earliest opportunity.

Unless otherwise agreed with the Principal in relation to the Contract, the Contractor shall not issue tax invoices by way of claims for payment and hereby agrees that the Principal shall issue Recipient Created Tax Invoices setting out all relevant details required under the GST Act and related rulings, including the amount to be paid on account of GST for all payments made under the Contract.

24 Payment of workers and subcontractors

24.1 Workers and subcontractors

The Contractor shall give in respect of a progress claim, documentary evidence of the payment of moneys due and payable to:

a) workers of the Contractor and of the subcontractors; and

b) subcontractors,

in respect of WUC the subject of that claim.

If the Contractor is unable to give such documentary evidence, the

Contractor shall give other documentary evidence of the moneys so due and payable to workers and subcontractors.

Documentary evidence, except where the Contract otherwise provides,

shall be to the Principal’s reasonable satisfaction. or the Principal otherwise directs, shall be in the form of a statutory declaration from the Contractor. The Principal may also at any time direct the Contractor to provide, at the Contractor’s cost, additional documentary evidence.

24.2 Withholding payment

Subject to the next paragraph, the Principal may withhold moneys

certified due and payable in respect of the progress claim until the Contractor complies with subclause 24.1.

The Principal shall not withhold payment of such moneys in excess of

the moneys evidenced pursuant to subclause 24.1 as due and payable to workers and subcontractors.

25 Default or insolvency

25.1 Preservation of other rights

If a party breaches (including repudiates) the Contract, nothing in this

clause shall prejudice the right of the other party to recover damages or exercise any other right or remedy.




25.2 Contractor’s default

If the Contractor commits a substantial breach of the Contract, the

Principal may, by hand or by registered post, give the Contractor a written notice to show cause.

Substantial breaches include, but are not limited to:

a) failing to:

(i) provide security;

(ii) provide evidence of insurance;

(iii) comply with a direction of the Principal pursuant to subclause 18.2; or

(iv) use the materials or standards of work required by the

Contract;

b) wrongful suspension of work;

c) substantial departure from a construction program without

reasonable cause or the Principal’s approval;

d) where there is no construction program, failing to proceed with due expedition and without delay; and

e) in respect of clause 24, knowingly providing documentary evidence containing an untrue statement;

f) failing to comply with the requirements of subclause 7.3; and

g) failing to provide a construction program or failing to provide an updated construction program as required by clause 19.

25.3 Principal’s notice to show cause

A notice under subclause 25.2 shall state:

a) that it is a notice under clause 25 of these Contract Conditions;

b) the alleged substantial breach;

c) that the Contractor is required to show cause in writing why the

Principal should not exercise a right referred to in subclause 25.4;

d) the date and time by which the Contractor must show cause (which shall not be less than 7 clear days after the notice is

received by the Contractor); and

e) the place at which cause must be shown.

25.4 Principal’s rights

If the Contractor fails to show reasonable cause by the stated date and

time, the Principal may by written notice to the Contractor:

a) take out of the Contractor’s hands the whole or part of the work remaining to be completed and suspend payment until it becomes

due and payable pursuant to subclause 25.6; or

b) terminate the Contract.




25.5 Take out

The Principal shall complete work taken out of the Contractor’s hands

and may:

a) use materials, equipment and other things intended for WUC; and

b) without payment of compensation to the Contractor:

(i) take possession of, and use, such of the construction plant and other things on or in the vicinity of the site as were used by the Contractor; and

(ii) contract with such of the Contractor’s subcontractors and consultants,

as are reasonably required by the Principal to facilitate completion of

WUC.

If the Principal takes possession of construction plant or other things, the Principal shall reasonably maintain them and, subject to

subclause 25.6, on completion of the work, shall return such of them as are surplus.

The Principal shall keep records of the cost of completing the work.

25.6 Adjustment on completion of work taken out

When work taken out of the Contractor’s hands has been completed, the Principal shall assess the cost thereby incurred and shall certify as moneys due and payable accordingly the difference between that cost

(showing the calculations therefor) and the amount which would otherwise have been paid to the Contractor if the work had been completed by the Contractor.

If the Contractor is indebted to the Principal, the Principal may retain construction plant or other things taken under subclause 25.5 until the debt is satisfied. If after reasonable notice, the Contractor fails to pay

the debt, the Principal may sell the construction plant or other things and apply the proceeds to the satisfaction of the debt and the costs of sale. Any excess shall be paid to the Contractor.

25.7 Principal’s default

If the Principal commits a substantial breach of the Contract, the Contractor may, by hand or by registered post, give the Principal a written notice to show cause.

Substantial breaches include, but are not limited to:

a) failing to make a payment due and payable pursuant to the Contract; and

b) the Principal not giving a certificate of practical completion or reasons as referred to in subclause 20.4.

25.8 Contractor’s notice to show cause

A notice given under subclause 25.7 shall state:

a) that it is a notice under clause 25 of these Contract Conditions;

b) the alleged substantial breach;




c) that the Principal is required to show cause in writing why the Contractor should not exercise a right referred to in

subclause 25.9;

d) the date and time by which the Principal must show cause (which shall not be less than 7 clear days after the notice is received by

the Principal); and

e) the place at which cause must be shown.

25.9 Contractor’s rights

If the Principal fails to show reasonable cause by the stated date and

time, the Contractor may, by written notice to the Principal, suspend the whole or any part of WUC.

The Contractor shall remove the suspension if the Principal remedies

the breach.

The Contractor may, by written notice to the Principal, terminate the Contract, if within 28 days of the date of suspension under this

subclause the Principal fails:

a) to remedy the breach; or

b) if the breach is not capable of remedy, to make other

arrangements to the reasonable satisfaction of the Contractor.

The Contractor shall be entitled to recover damages incurred by the Contractor by reason of the suspension.

25.10 Termination

If the Contract is terminated pursuant to subclause 25.4(b) or 25.9, the parties’ remedies, rights and liabilities shall be the same as they would have been under the law governing the Contract had the defaulting

party repudiated the Contract and the other party elected to treat the

Contract as at an end and recover damages.

25.11 Insolvency

If:

a) a party informs the other in writing, or creditors generally, that the party is insolvent or is financially unable to proceed with the Contract;

b) execution is levied against a party by a creditor;

c) a party is an individual person or a partnership including an individual person, and if that person:

(i) commits an act of bankruptcy;

(ii) has a bankruptcy petition presented against him or her or presents his or her own petition;

(iii) is made bankrupt;

(iv) makes a proposal for a scheme of arrangement or a composition; or

(v) has a deed of assignment or deed of arrangement made, accepts a composition, is required to present a debtor’s




petition, or has a sequestration order made, under Part X of the Bankruptcy Act 1966 (Cwlth) or like provision under

the law governing the Contract; or

d) in relation to a party being a corporation:

(i) notice is given of a meeting of creditors with a view to the

corporation entering a deed of company arrangement;

(ii) it enters a deed of company arrangement with creditors;

(iii) a controller or administrator is appointed;

(iv) an application is made to a court for its winding up and not stayed within 14 days;

(v) a winding up order is made in respect of it;

(vi) it resolves by special resolution that it be wound up voluntarily (other than for a member’s voluntary winding up); or

(vii) a mortgagee of any of its property takes possession of that property,

then, where the other party is:

(A) the Principal, the Principal may, without giving a notice to show cause, exercise the right under subclause 25.4(a); or

(B) the Contractor, the Contractor may, without giving a notice to show cause, exercise the right under subclause 25.9.

The rights and remedies given by this subclause are additional to any other rights and remedies. They may be exercised notwithstanding that there has been no breach of contract.

25A Frustration

If the Contract is frustrated:

a) the Principal shall issue a progress certificate for WUC carried out to the date of frustration, evidencing the amount which would have been payable had the Contract not been frustrated and had the Contractor been entitled to and made a progress claim on the date of frustration;

b) the Principal shall pay the Contractor:

(i) the amount due to the Contractor evidenced by all unpaid certificates;

(ii) the cost of materials and equipment reasonably ordered by the Contractor for WUC and which the Contractor is liable to accept, but only if they will become the Principal’s property upon payment; and

(iii) the costs reasonably incurred:

(A) removing temporary works and construction plant;

(B) returning to their place of engagement the Contractor, subcontractors and their respective




employees engaged in WUC at the date of frustration; and

(C) by the Contractor in expectation of completing WUC and not included in any other payment; and

c) each party shall promptly release and return all security provided by the other.

26 Notification of claims

26.1 Communication of claims

As soon as practicable and in any event not later than 28 days after a party becomes aware of any claim in connection with the subject matter

of the Contract the communication of which is not required by another provision of the Contract, that party shall give to the other party a written notice of claim with particulars or a notice of dispute under

subclause 27.1.

26.2 Liability for failure to communicate

The failure of a party to comply with the provisions of this clause or to communicate a claim in accordance with the relevant provision of the

Contract shall, inter alia, entitle the other party to damages for breach of the Contract but shall neither bar nor invalidate the claim.

26.3 Resolution

If the claim has not been resolved within 21 days of giving the notice of

claim, that notice of claim shall be deemed to be a notice of dispute under subclause 27.1.

27 Dispute resolution

27.1 Notice of dispute

If a difference or dispute (together called a ‘dispute’) between the

parties arises in connection with the subject matter of the Contract, including a dispute concerning a claim:

a) in tort;

b) under statute;

c) for restitution based on unjust enrichment or other quantum meruit; or

d) for rectification or frustration,

or like claim available under the law governing the Contract,

then either party shall, by hand or by registered post, give the other a

written notice of dispute adequately identifying and providing details of the dispute. A Contractor’s notice of dispute to the Principal shall be so delivered to the address at Item 2A.

Notwithstanding the existence of a dispute, the parties shall, subject to clause 25 and subclause 27.5 27.4, continue to perform the Contract.




27.2 Conference

Within 14 days after receiving a notice of dispute, the parties shall

confer at least once to resolve the dispute or to agree on methods of doing so, including but not limited to mediation, conciliation, binding expert determination and arbitration, of the whole or any part of the dispute. Where arbitration is the agreed method of resolution the arbitration shall be conducted in accordance with the rules in Item 16(b) and the arbitrator, unless otherwise agreed, shall be nominated by the President of The Institute of Arbitrators & Mediators Australia.

At every such conference each party shall be represented by a person

having authority to agree to such resolution or methods. All aspects of every such conference except the fact of occurrence shall be privileged.

If the dispute has not been resolved nor a method of resolution been agreed each within 28 56 days of service of the notice of dispute, that dispute shall be dealt with in accordance with subclause 27.3. and is hereby referred to arbitration.

27.3 Elevation clause Arbitration

If the parties are unable to resolve the dispute or agree a method of resolution in accordance with subclause 27.2:

a) the dispute shall be referred to the Chief Executive Officer, or a duly authorised representative, of the Principal and the Chief Executive Officer/Managing Director, or a duly authorised representative, of the Contractor to resolve the dispute or agree a method of resolution;

b) the individuals, referred to in subclause 27.3(a), shall meet within 14 days after referral of the dispute in an effort to resolve the dispute or agree a method of resolution; and

c) if the individuals referred to in subclause 27.3(b) are unable to resolve the dispute but agree at that meeting on a method of resolution, they shall also nominate a timeframe for the commencement and conclusion of the method of resolution; and

d) if the individuals referred to in subclause 27.3(b) are unable to resolve the dispute or agree a method of resolution, each within 14 days of the dispute being so referred, either party may give written notice to the other stating that the parties have been unable to resolve the dispute or agree a method of resolution.

If within a further 14 days the parties have not agreed upon an arbitrator, the arbitrator shall be nominated by the person in Item 16(a).

The arbitration shall be conducted in accordance with the rules in Item 16(b).Where arbitration is the agreed method of resolution, the arbitration shall be conducted in accordance with the Rules stated in Item 16(b) and the arbitrator, unless otherwise agreed, shall be nominated by the President of The Institute of Arbitrators & Mediators Australia.




27.4 Instituting proceedings

Neither party shall proceed to resolve a dispute by instituting court proceedings until issuing to, or receiving from, the other party, a notice in accordance with subclause 27.3(d).

27.5 Summary relief

Nothing herein shall prejudice the right of a party to institute

proceedings to enforce payment due under the Contract or to seek injunctive or urgent declaratory relief.

28 Limitation of liability

Notwithstanding any other provision in the Contract:

(a) The Principal’s total liability to the Contractor for all claims

(other than claims for personal injury or death) arising out of, or in connection with the Contract (other than the obligation to pay under subclause 2.1) is limited to the greater of:

(i) the amount stated in Item 17; or

(ii) any amounts that the Principal is able to recover under any insurances taken out under the Contract;

(b) The Contractor’s total liability to the Principal for all claims

(other than claims for personal injury or death) arising out of or in connection with the Contract is limited to the greater of:

(i) the amount stated in Item 18; or

(ii) any amounts the Contractor is able to recover under any insurances taken out under the Contract, or which it would have been able to recover if the insurances had been taken out, or which it would have been able to recover under the insurances, in either case but for any act, failure or omission by the Contractor; and

(c) except insofar as it may be allowed for in the provision for liquidated damages for delay in completion, neither party is liable to the other for any indirect, consequential, special, contingent or penal loss or damage, including but not limited to, loss of use, loss of profit, loss of revenue or cash flow, loss of reputation, loss of opportunity or loss of anticipated savings,

Nothing in this clause shall be read or applied so as to purport to exclude, restrict or modify, or have the effect of excluding, restricting or modifying the application in relation to the supply of any goods or services pursuant to the Contract of all or any of the provisions of the Competition and Consumer Act 2010 as amended and in force from time to time or any relevant State Act or Territory Act which by law cannot be excluded, restricted or modified.

29 Civil Liability Act 2002

Part 1F of the Civil Liability Act (WA) 2002 is excluded from application to this Contract.




ANNEXURE to the Australian Standard Minor works contract conditions (Principal administered) AS 4906—2002 Water Corporation July 2012 Version

Part A

This Annexure shall be completed and issued as part of the tender documents and, subject to any amendments

to be incorporated into the Contract, is to be attached to these Minor works contract conditions and shall be read

as part of the Contract.

Item

1 Principal

(clause 1)

Water Corporation

ABN 28 003 434 917

2 Principal's address General Manager …………Group Water Corporation 629 Newcastle street Leederville WA 6007

Phone (08) 9420.....................

2A Principal's address

for notice of dispute only

(subclause 27.1)

Manager Contracts Water Corporation John Tonkin Water Centre 629 Newcastle Street Leederville WA 6007

Phone: (08) 9420 3344

3 Contractor

(clause 1)

As stated in the Purchase Order

4 Contractor's address As stated in the Purchase Order

* 5 a) Date for practical completion

(clause 1)

OR

As stated in the Purchase Order

b) Period of time for practical

completion

(clause 1)

........................days* / weeks* after date of acceptance of tender

* If applicable, delete and instead complete equivalent Item in the separable portions section of the Annexure Part A

* Delete one.




5A The law applicable is that of the

state of:

(clause 1)

Western Australia

5B The place for payment shall be:

(Clause 1)

the Principal’s address

* 6 Contractor's security

a) Form

(clause 3)

Retention moneys

b) Amount or maximum percentage

of contract sum

(clause 3)

5% of the contract sum

c) If retention moneys, percentage

of each payment certificate

(clause 3)

10%, until the limit in Item 6(b)

d) Time for provision (except for

retention moneys)

(clause 3)

Within10 days after date of acceptance of tender

e) Additional security for

performance of the Works

(subclause 3.2)

……… dollars $..........

…………………………………………………………………………

If nothing stated, “not applicable”

f) date or event after which

Principal’s entitlement to

security in Item 6(e) ceases

(subclause 3.3)

……………………………………………………………..

Unless otherwise specified, 14 days after performance is

accepted by the Principal

7 Amount of limit of indemnity for

damage to other property of the

Principal

(subclause 10.1(a))

the amount of the public liability insurance cover in Item 9

8 The amount of contract works

insurance cover

(clause 11)

$ ................................................................................................

If nothing stated, the contract sum plus 20%

9 The amount of public liability

insurance cover in respect of

any one occurrence shall not be

less than

(clause 12)

$20,000,000

9A a) The amount of motor vehicle

third party liability insurance cover

in respect of any one occurrence

shall not be less than

(clause 13A)

$20 000 000





10 The time for giving possession of

the site to the Contractor

(clause 17)

Within 14 days after date of acceptance of tender

10A Documents to be provided prior to

granting possession of site

(clause 17)

BICTF levy

OSH Management Plan

10B Working Hours

(subclause 17.4)

Between 0700 hours WST and 1800 hours WST Monday to

Saturday (excluding public holidays) and] between 0900. hours

WST and 1700 hours WST on Sunday, unless otherwise

specified in the Contract

* 11 Liquidated damages

(subclause 20.5)

a) Rate $ ..........................................per day

b) Limit $ ....................................... OR ................. % of the contract sum

If nothing stated, there is no limit

* 12 Delay damages, rate

(subclause 20.6)

as reasonably assessed by the Principal

13 Defects liability period

(clause 21)

365 days

14 Time for progress claims

(subclause 23.1)

on the ................................day of each month

If no time stated, then on the last day of each month

15 The rate of interest on overdue

payments

(subclause 23.4)

6% per annum





16 Arbitration

(subclauses 27.2 and 27.3)

a) The person to nominate an

arbitrator

..................................................................................................

..................................................................................................

..................................................................................................

If no-one stated, the President of the Institute of Arbitrators &

Mediators Australia

b) Rules for arbitration ..................................................................................................

..................................................................................................

..................................................................................................

If nothing stated, Rules 5–18 of the Rules of The Institute of

Arbitrators & Mediators Australia for the Conduct of

Commercial Arbitrations

17 The Principal’s Liability is limited to:

(clause 28(a))

the contract sum as adjusted pursuant to the Contract

18 The Contractor’s liability

is limited to:

(clause 28 (b))

the contract sum as adjusted pursuant to the Contract

19 Occupational Safety and

Health

(subclause 7.3(b) of the General

conditions of contract and clause 4

of the Special Conditions of

Contract)

Level of Risk is: Significant

20 Number of apprentices or trainees

subclause 7.4 of the general

conditions of contract and

subclause 2.5(b) of the Special

Conditions of Contract)

……………………………...........

A1




Part A ■ This section should only be completed if the

Contract provides for separable portions.

Separable Portions ■ Complete a separate page for each separable portion

which should be numbered appropriately. Any balance of the Works should also be a separable portion.

Separable portion

(clause 1) No.................................................................................................

Description of separable portion

(clause 1)

.....................................................................................................

.....................................................................................................

.....................................................................................................

Item

5 a) Date for practical completion

(clause 1)

.....................................................................................................

OR

b) Period of time for practical completion (clause 1)

.....................................................................................................

6 Contractor's security

a) Form (clause 3)

Retention moneys

b) Amount or maximum percentage value of this separable portion (clause 3)

5% of the contract sum

c) If retention moneys, percentage of each progress certificate applicable to this separable portion (clause 3 and subclause 23.2)

10%, until the limit in Item 6(b)

d) Time for provision (except for retention moneys) (clause 3)

Within10 days after date of acceptance of tender

e) Additional security for

performance of the Works

(subclause 3.2)

……… dollars $..........

…………………………………………………………………………

If nothing stated, “not applicable”

f) date or event after which Principal’s entitlement to security in Item 6(e) ceases (subclause 3.3)

……………………………………………………………..

Unless otherwise specified, 14 days after performance is accepted

by the Principal

11 Liquidated damages

(subclause 20.5)

a) Rate $ ..........................................per day




b) Limit $ ....................................... OR ............... % of the contract sum

If nothing stated, there is no limit

12 Delay damages, rate

(subclause 20.6)

as reasonably assessed by the Principal




Annexure to the Australian Standard Minor works contract conditions (Principal administered) Water Corporation July 2012 Version AS 4906—2002

Part B

Deletions, amendments and additions

The following changes have been made to AS 4906—2002

The following clauses have been deleted from the General Conditions in AS 4906-2002: ....................................

Nil

The following clauses have been amended and differ from the corresponding clauses in AS 4906 – 2002: ...........

1. Interpretation and construction of Contract

2. Nature of Contract

3. Security

4. Service of notices

5. Discrepancies

6. Assignment and subcontracting

7. Legislative Requirements

11. Insurance of the Works

12. Public liability insurance

13. Insurance of Employees

14. Insurance provisions

17. Site

19. Programming and Suspension

23. Payment

24. Payment of workers and subcontractors

25. Default or insolvency

27. Dispute resolution

The following clauses have been added to those of AS 4906-2002

3A Evidence of contract

13A. Motor vehicle third party liability

17A. Latent conditions




Annexure to the Australian Standard Minor works contract conditions (Principal administered) Water Corporation July 2012 Version AS 4906—2002

Part C

Approved form of unconditional undertaking

TO : Water Corporation ................................................................................................................. ("Principal")

At the request of ............................................................................................................................ (“Contractor") and ...........................................................................................................................................................(“Bank") AND IN CONSIDERATION of the Principal agreeing ...................................................................................... ..................................................................................................................................................in accordance with (insert reason for security as per notes below) the agreement entered into between the Principal and the Contractor for ..........................................................................................................................................................

being Contract No.............................................. (“Contract") the Bank HEREBY UNDERTAKES unconditionally to pay on demand to the Principal any sum or sums which may from time to time be demanded in writing by the Principal to an amount not exceeding ..................................................................................................................

......................................................................................................DOLLARS ($......................) in the aggregate.

Payment of the sum or any part or parts of the sum will be made by the Bank to the Principal without reference by the Bank to the Contractor and despite any notice to the Bank by the Contractor not to pay to the Principal any moneys under this Unconditional Undertaking and irrespective of the performance or non-performance by the Contractor or the Principal of the terms of the Contract. The Bank's liability under this Unconditional Undertaking is not impaired or discharged by any alterations to the terms of the Contract or by any extension of time or other forbearance on the part of either the Principal or the Contractor to the other. Any payment demanded by the Principal is payable forthwith by the Bank at its or its agents' Perth office. This Unconditional Undertaking continues in force either until the Bank receives a written notice from the Principal that this Unconditional Undertaking is no longer required by the Principal or until payment to the Principal by the Bank of the whole of the sum or the balance of the sum remaining after any part payment or payments. Despite any other provision of this Unconditional Undertaking , the Bank reserves the right to terminate this Unconditional Undertaking at any time upon payment to the Principal of the sum or the balance of the sum remaining after any part payment or payments or any lesser amount as the Principal may require. DATED at …………………………… this ………………….. day of ………………………….…….. 20…….

EXECUTED BY ................................................. ............................................................ Print Name Signature

Title:.........................................................................................................................................................................

WITNESS ........................................................... ............................................................ Print Name Signature

Title:......................................................................................................................................................................... The following are explanatory notes only for instruction of personnel in the preparation of the Unconditional Undertaking . NOTES: 1. For use in lieu of retention moneys the words to be inserted are "not to withhold cash retention moneys".

2. For use in lieu of security the words to be inserted are "to accept this Unconditional Undertaking in lieu of a cash security".

3. For use when payment for materials is premature the words to be inserted are "to payment for materials and/or equipment not incorporated in the Works".

4. For use to secure performance of the Works (state any specific part of the Works if applicable)




†INDEX

Clause Clause

† References to Items are to Items in the Annexure

Ambiguities in documents ............................................................5

Accident insurance for ..................................................... 12, 13 liability for.............................................................. 10

Address Contractor’s ...................................................... Item 4 for service .................................................................4 Principal’s......................................................... Item 2

Approval to assign ................................................................ 6.1

Arbitration of disputes ........................................................... 26.3 person to nominate arbitrator........................ Item 16(a) Rules of ...................................................... Item 16(b)

Assignment to be approved........................................................ 6.1

Australasian Dispute Centre nomination of arbitrator ............................... Item 16(a)

Bankruptcy generally ........................................................ 25.11(c)

Breach of contract on termination .................................................... 25.10 rights on .............................................................. 25.1 rights when insolvency........................................ 25.11

Calendar days references to..........................................................1(a)

Care of WUC generally ................................................................ 9.1 insurance of ............................................................ 11

Certificates delay damages ...................................................... 20.6 final ................................................................ 23.3 liquidated damages ............................................... 20.5 payment ............................................................... 23.2 practical completion ............................................. 20.4

Certificate of Practical Completion defined .....................................................................1 issue of ................................................................ 20.4

Claims based on quantum meruit ............................ 26.1(b)(iii) for final payment .................................................. 23.3 for payment .......................................................... 23.1 for rectification ......................................... 26.1(b)(iv) for restitution ............................................. 26.1(b)(iii) frustration .................................................. 26.1(b)(iv) in tort ........................................................ 26.1(b)(i) under statute................................................ 26.1(b)(ii)

Clause headings not part of Contract................................................1(c)

Compensable cause defined .....................................................................1

Completion (see Practical Completion)

Construction plant possession of on default ........................................ 25.5 return of ............................................................... 25.6 sale of ................................................................ 25.6

Construction program defined .................................................................... 1 generally .................................................................19

Contract defined .................................................................... 1 documents ....................................................... Item 17 nature of................................................................... 1

Contract sum defined .................................................................... 1

Contract works insurance generally .................................................................11 stated ............................................................. Item 8

Contract documents stated ........................................................... Item 17

Costs change in legislative requirements.............................. 7

Contractor address of ......................................................... Item 4 default by ............................................................. 25.2 defined .................................................................... 1 named ............................................................. Item 3 notice to show cause by......................................... 25.8 suspension by ....................................................... 25.9 Cross liability clause ............................................. 14.2

Damage limit of indemnity ................................. 10.1(a), Item 7 to other property ................................................ 10.(a) to Principal’s property.......................................10.1(a) to property........................................................ 8, 10.1

Damages delay ................................................... 20.6, Item 12 liquidated ............................................20.5, Item 11(a)

Date for practical completion—defined .............................. 1 of acceptance of tender—defined ............................... 1 of practical completion—defined ............................... 1

Date for practical completion defined .................................................................... 1 stated ............................................................. Item 5

Days means calendar days.............................................. 1(a)

Deemed variation omission in schedule of rates ...................................2.2

Default by Contractor generally ......................................................25.2–25.6

Default by Principal generally ......................................................25.7–25.9

Water Corporation Aug. 2010 Version AS 4906—2002

Clause Clause



Default or insolvency generally ................................................................. 25

Defective work generally .........................................................18.2, 21

Defects defined .....................................................................1 failure to rectify ..............................................18.2, 21 liability for......................................................18.2, 21

Defects liability period direction to rectify defects..................................... 18.2 failure to rectify defects ........................................... 21 generally ................................................................. 21 length of ......................................................... Item 13

Delay claim for EOT ...................................................... 20.2 damages ............................................................... 20.6 EOT for ............................................................... 20.3

Delay damages certificate for ....................................................... 20.6 rate of ........................................................... Item 12

Direction as to documents .........................................................5 by Principal............................................................. 15 defined .....................................................................1 oral ................................................................... 15 written ................................................................... 15

Discrepancies in documents .............................................................5

Dispute defined .....................................................................1

Dispute resolution generally ................................................................. 26

Dimensions figured, prevail over scaled ........................................5

Documents errors in ....................................................................5

Employees insurance of ........................................................... 13

EOT (extension of time) claim for .............................................................. 20.2 defined .....................................................................1 grant of ............................................................... 20.3 refund of liquidated damages after ......................... 20.5

Errors in documents .............................................................5

Excepted risks generally ................................................................ 9.3 Principal liable for .................................................. 9.2

Escrow security held in ...................................................... 3.1

Final certificate finality of............................................................. 23.3 issue of ................................................................ 23.3 payment of .......................................................... 23.3

Final payment generally ...................................................... 23.2, 23.3

Final payment claim generally .............................................................. 23.3

Frustration dispute as to ............................................... 26.1(b)(iv)

Gender includes every gender............................................ 1(d)

Inconsistencies in documents ............................................................ 5

Indemnity by Contractor........................................................ 10.1 by Principal .......................................................... 10.2

Injury to persons generally ........................................................ 10.1, 13

Insolvency generally .................................................................25 acts of insolvency ............................................... 25.11

Institute of Arbitrators & Mediators Australia Rules of ...................................................... Item 16(b)

Insurance cross liability........................................................ 14.2 of employees ...........................................................13 of Works ..................................................... 11, Item 8 policies ................................................................ 14.1 proof of ................................................................ 14.1 public liability .........................................................12

Interest payment of .......................................................... 23.4 rate of ........................................................... Item 15

Item defined .................................................................... 1

Law (see Legislative requirements)

Legislative requirements generally .................................................................. 7 satisfaction of ........................................................... 7 change of ................................................................. 7

Liability of Contractor generally ............................................................. 9, 10

Limit of indemnity generally ..........................................................10.1(a) stated ............................................................. Item 7

Liquidated damages certificate for........................................................ 20.5 generally .............................................................. 20.5 limit of ....................................................... Item 11(b) rate of ....................................................... Item 11(a)

Loss or damage to WUC generally ................................................................9.1 insurance of ............................................................11

Materials defective .............................................................. 18.2 quality of.............................................................. 18.1

Moneys due cost of protection ...................................................... 8

Moneys due and payable defects rectification..................................................21 delay damages ...................................................... 20.6 final certificate ..................................................... 23.3 interest ................................................................ 23.4 liquidated damages ............................................... 20.5

Notices service of ................................................................ 4


Clause Clause



show cause................................................... 25.3, 25.8 of dispute ............................................................. 26.1

Notice of dispute after final certificate ......................................... 23.3(d) conference after.................................................... 26.2 generally ................................................................. 26 service of ............................................................ 26.1

Payment certificate generally .............................................................. 23.2

Payment certificate......................................................... 23.1(a) claims ................................................................ 23.1 early claim ........................................................... 23.1 subcontractors—proof of....................................... 24.1 time for................................................................ 23.2 withholding.......................................................... 24.2 workers—proof of ................................................ 24.1

Payments to workers and subcontractors generally ................................................................. 24 proof of................................................................ 24.1 withholding payment in respect of ......................... 24.2

Persons what is included ....................................................1(a)

Plant and materials unfixed—no payment for....................................... 23.2

Practical completion certificate of......................................................... 20.4 defects liability period ............................................. 21 defined .....................................................................1 request for............................................................ 20.4

Principal address of ......................................................... Item 2 assessment of progress claim................................. 23.2 certificate for progress claim ................................. 23.2 default by............................................................. 25.7 defined .....................................................................1 directions by ........................................................... 15 named ............................................................. Item 1 notice to show cause ............................................. 25.3 rights ................................................................ 25.4 taking over work .................................................. 25.5 termination by ........................................... 25.4, 25.10

Profit and overheads deductions............................................................ 22.2 variations ......................................................... 22.2(d)

Progress generally .............................................................. 20.1

Progress claims generally .............................................................. 23.1 time for........................................................... Item 14

Property loss or damage to ................................................ 9, 10 protection of..............................................................8

Protection generally ...................................................................8 urgent .....................................................................8

Public liability insurance generally ................................................................. 12 stated ............................................................. Item 9

Quantities in schedule of rates ................................................. 2.2

Qualifying cause of delay claim for EOT....................................................... 20.2 defined .................................................................... 1 EOT for................................................................ 20.3

Quality of materials and work generally .............................................................. 18.1

Rates (see also Schedule of rates) pricing variations ............................................. 22.2(d)

Registered post notice to show cause .................................... 25.2, 25.7 notice of dispute ................................................... 26.1

Reinstatement of damage excepted risks .........................................................9.3 to WUC..................................................................9.2

Risks excepted .................................................................9.3

Representatives Contractor’s ............................................................16 Principal’s ...............................................................16

Schedule of prices pricing variations ..............................................22.2(c)

Schedule of rates quantities in............................................................2.2 pricing variations ..............................................22.2(c)

Security cash ..................................................................3.4 generally .................................................................. 3 interest on ..............................................................3.4 provided in ................................................ 3.1, Item 6 recourse to..............................................................3.2 reduction and release of...........................................3.3 retention moneys..................................... 3.4, Item 6(c) transferred in escrow...............................................3.1 trusts and interest in ................................................3.4

Service notices .................................................................... 4 notice to show cause .................................... 25.2, 25.7 notice of dispute ................................................... 26.1

Site access to..................................................................17 defined .................................................................... 1 generally .................................................................17 keep tidy .................................................................17 possession of ...........................................................17 remove rubbish from ................................................17 time for possession of ...................................... Item 10

Subcontracting generally ................................................................6.2 permitted................................................................6.2

Subcontractors covered by contract works policy ..............................11 covered by public liability policy ..............................12 insurance of employees by........................................13

Substantial breaches by Contractor........................................................ 25.2 by Principal .......................................................... 25.7

Summary relief generally .............................................................. 26.4

Suspension of work generally .................................................................19


Clause Clause



Termination after default ...................................25.4(a), 25.9, 25.10

Time for doing any act .................................................. 1(b) for possession of site ....................................... Item 10 progress ............................................................... 20.1

Unfixed plant and materials no payment for ..................................................... 23.2

Urgent protection generally ...................................................................8

Urgent relief generally .............................................................. 26.4

Variation directing .............................................................. 22.1 generally ................................................................. 22 pricing of ............................................................. 22.2

Words singular includes plural, etc................................... 1(d)

Work care of outstanding work .....................................9.1(b) defective .............................................................. 18.1 defined .....................................................................1 quality of ............................................................ 18.1

Works, the care of .............................................................. 9.1(a) defined .....................................................................1

Workers compensation generally ................................................................. 13

WUC (work under the Contract) care of .................................................................. 9.1 defined .....................................................................1




AMENDMENT CONTROL SHEET

AS 4906—2002

Amendment No. 1 (2005)

REVISED TEXT

SUMMARY: This Amendment applies to Clause 16 (a) of Annexure Part A.

Published on 30 March 2005.




NOTES


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