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I
I. PROJECT CONTRACT

LIBRARY
Property Ccuncll of Aullrllla
Phont 02·9252-3111
Date Rec'd
Database
Unique No: 8lf07
Call No: 87JB,J
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PROPERTY
COUNCIL
of Australia

PROPERTY COUNCIL PC-I 1998

...... ,:,_ ~-:.


Published in Sydney by

Construction Publications Pty Ltd


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!
FORMAL AGREEMENT

PO Box298 This Contract is made on _ _ _ _ _ _ day of _ _ _ _ _ _ _ _ _ __


Avalon NSW 2107
Ph (02) 9974 5667 Fax (02) 9974 4405
BETWEEN
National Library of Australia ("Owner")
Cataloguing-in-Publication entry 1-
zLU
Property Council of Australia
Project Contract PC- I z
AND ~
Includes index. ("Contractor") LU
ISBN O 9587868 5 2 LU
~

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I. Construction contracts - Australia. I.
Property Council of Australia.

343.9407869
....
©
©
©
Construction Publications Pty Ltd 1998
Property Council of Australia Ltd
Clayton Utz, Lawyers
The Owner and the Contractor promise to carry out and complete their respective obligations in
accordance with:
(a)
(b)
the attached Conditions of Contract; and
the other documents referred to in clause I. I of the Conditions of Contract as
i
0
LL,
© John Tyrril + Associates, Lawyers constituting the Contract.

This publication is copyrigl\t. Other than for the purposes of and subject to the conditions prescribed SIGNED as an agreement.
under the Copyright Act, 110 part of it may in any form or by any means (electronic, mechanical,
microcopying, photo-copying, recording or otherwise) be reproduced, stored in a retrieval system or
transmitted without prior written permission. Enquiries should be addressed to the publisher.
SIGNED for and on behalf of the Owner
in the presence of:

CONDITIONS OF USE (Signature of Authorised Signatory)

Project procurement, building and construction are high risk activities, including regarding project (Signature of Witness)
outcomes, claims and disputes. The Property Council of Australia Project Contract PC-I reflects
particular policies and decisions on risk allocation and the content of contractual provisions, which
might, or might not, suit particular users or particular projects. It should also be appreciated that the (Name of Authorised Signatory)
relatively vague and uncertain nature of the English language does not facilitate legal drafting of
infallible mathematical precision beyond the capacity for differing interpretations or contentions of (Name in Full)
ambiguity or uncertainty.

Whilst care has been taken in the preparation of the Property Council of Australia Project Contract, it SIGNED for and on behalf ol"the Contractor
should not be construed that any advice is provided, representation made or warranty provided about in the presence of:
its suitability for any particular project, its efficacy to produce a particular project outcome, or to avoid
claims and disputes. Users should make their own assessment and seek their own professional advice.
Users of the Property Council of A~stralia Project Contract do so at their own risk. (Signature of Authorised Signatory)

Legislation in some States, which varies from State to State, affects the provisions required for
(Signature of Witness)
construction contracts involving buildings intended for residential use. This standard form may
require amendment to comply with such legislation.
(Name of Authorised Signatory)
The authors, the publishers and the Property Council of Australia accept no responsibility or liability
upon any basis whatever for anything contained in, or omitted from, the Project Contract or for the
consequences of its use or misuse Including use of the Project Contract without amendment, where (Name in Full)
it is used for buildings intended for residential use.
7
TABLE OF CONTENTS PAGE 8 CONSTRUCTION 22
8.1 Description of Works
8.2 22
All Work Included
8.3 Statutory Requirements 22
CONDITIONS OF CONTRACT l 22
8.4 Change in Statutory Requirements or Variance with Contract
8.5 Subcontracting 22
8.6 23
Subcontractor Warranties
1 GLOSSARY OF TERMS, INTERPRETATION & MISCELLANEOUS 2 8.7 23
Provisional Sum Work
23
I.I
1.2
1.3
Glossary of Terms
Interpretation
Miscellaneous
2
6
7 endering rovisiona
,·.JmI1t1~,iJ1:t1i1i11i;:;J~i,r~~11i1 24
V, 8.10 Price Adjustment for Tendered Provisional Sum Work
....
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OMMENCEMENT 8
8.11
8.12
Price Adjustment for Other Provisional Sum Work
Further Allowance for Provisional Sum Work
24
25
25
V,
....
8.13

....w
2.1
2.2
Contractor's Obligations
Owner's Obligations
8
8 8.14
Co~operation with Other Contractors
Setting Out 25 z
25 w
z 2.3 Delayed Access 8 8.15
8.16
8.17
Survey
Safety 25
26
....
z
0 3 PERSONNEL 9 Occupational Health. Safety and Rehabilitation Management 26
u 3.1 Contract Administrator 9
8.18
8.19
Plant, Equipment and Work
Cleaning Up
26 0
LL, 3.2
3.3
Replacement of Contract Administrator
Partiest Conduct
9
9
8.20
8.21
The Environment
26
26
u
Urgent Protection
0 3.4 Contract Administrator's Representative 9 8.22 Valuable Objects Found on Site
27 LL,

w 3.5 Contractor's Representative 9 8.23 The Owner May Act


27
27
0
3.6 Key People 10
..I 8.24 w
m 3.7
3.8
Removal of Persons
Industrial Relations
10
10
Working Hours
27
....
m
.! SECURITY 11
9
9.1
9.2
UALITY
Construction
Quality Assurance
28
28 .!
9.3 28
Contract Administrator's Right to Inspect 28
9.4 Testing
9.5 29
Costs of Testing
9.6 Defects 29
9.7 29
5 RISKS AND INSURANCE I Correction of Defect or Variation
9.8 29
Claim for Correction of Defect 30
5.1 Risk of Works 12 9.9 Claim for Variation
5.2 Other Risks 12 9.10 30
Acceptance of Work
5.3 Reinstatement 12 9.11 30
Extension of Defects Liability Period
5.4 Insurance by Owner 12 9.12 30
Common Law Rights not Affected 3I
5.5 Contractor Insurance Obligations 13
5.6 Failure to Insure 14 JO TIME 32
5.7 Period of Insurance 14
5.8 Notice of Potential Claim 14 JO.I Progress and Time for Completion
10.2 Programming 32
5.9 Procedure upon Loss or Damage 14 32
5.10 Cross Liability 15 10.3 Contractor Not Relieved
10.4 Acceleration by Contractor 32
10.5 Delays Entitling Clalm 32
6 DESIGN AND DOCUMENTATION 16 32
10.6 Claim
Owner's Documents 16 10.7 Conditions Precedent to Extension 33
Contractor's Design 16 10.8 Extension of Time 33
Contract Administrator may Review Design Documentation 16 10.9 33
Reduction in Extension of Time
No Obligation to Review 16 10.10 Unilateral Extensions 33
Copies of Design Documentation 17 34
Fitness for Purpose 17
~Q.i1Mf~~~,r~g1g,__a:f6Ji~~[fJ:t~;:.:!'.\~0,,;Jill~1:~:.~1110:~±E:F,r,1:t,~,;!t1~'r±Wffil~~~{~t!:Sif'.l';:~:@Jji~.r.i~tffiirl
I0. 12 Suspension 34
Availabili I0.13 Instruction to Accelerate 35
I 0.14 Partial Acjeleration 35
I 0. I5 Acceleratfon 35
I0.16 Owner's l'lights to Liquidated Damages Not Affected 35

11 VARIATIONS 36
7 THE SITE 19
I 1.1 Variation Price Request
7.1 <:ontractor t? Inform Itself :: 11.2 Variation Order 36
I 1.3 Cost of Variation 36

iiiI;f~ili111rt!!~r1:rii1~~~1~~.~11~1l1tii~Ierei~11
7.5 Site Access 20
11.4
11.5
11.6
Omissions
Daywork
Valuation of Daywork
36
37
37
37
7.6 Contractor's Obligation to Provide Access 11.7 Variations Requested by Contractor
7.7 Non-Rellance 20 38
11.8 Contract Administrator's Determination
7.8 Extra Land Required by the Contractor 38
11.9 Variation Approved by Contract Administrator 38

© Copyright. Subject to con.ditions of use.


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12 PAYMENT 39

12.4 Quantities in Schedule of Rates 39


12.5 Limits of Accuracy 39
12.6 Payment Claims 40
12.7
12.8
12.9
Payment Statements
Payment
Payment on Account
40
40
41
CONDITIONS OF CONTRACT
12.10 Unfixed Goods and Materials 41
12.11 Release of Additional Approved Security 41
"'
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12.12
12.13
Conditions Precedent
Completion Payment Claim and Notice
41
41
zw 12.14
12.15
Release after Completion Payment Claim and Notice
Final Payment Claim and Notice
42
42
t- 12.16 Release after Final Payment Claim and Notice 42
z 12.17
12.18
Interest
Correction of Payment Statements
43
43
0 12.19 Right of Set-Off 43
u 12.20 Payment of Workers and Subcontractors 43
u. 13 COMPLETION 44
0 13.1 Contractor to Notify 44
_.
w 13.2
13.3
Contract Administrator to Inspect
Unilateral lssue of Completion Notice
44
44
ca 13.4 Take Over Upon Completion 44

.! 13.5
13.6
Part of the Works or a Stage
Effect of Notice of Completion
44
45

r~~¾~~~f.ZJ~71~~,Ma~1tff~m:t~~~1ifr-~ffl~trti~f~~J;1J~
14 TERMINATION 46
14.1 Preservation of Rights 46
14.2 Contractor Default • 46
14.3 Owner Default 46
14.4 Contents of Notice of Default 46
14.5 Termination for Insolvency or Breach 46
14.6 Owner's Entitlements after Termination 47
14.7 Contractor's Entitlements after Termination 47

IIJJfit!~~-iliiDBIIBlBlililfiiffi~litltllti~
15 DISPUTES 49
IS.I Notice of Dispute 49
15.2 Expert Determination 49
15.3 The Expert 49
15.4 Not Arbitration 49
15.5 Procedure for Determination 49
15.6 Disclosure of Interest 50
15.7 Costs 50
15.8 Conclusipn of Expert Determination 50
15.9 Agreement with Expert 50
15.10 Determination of Expert 50
IS.II
15.12
15.13
Arbitration Agreement
Executive Negotiation
Arbitration
50
50
51
.r
'·'
15.14 Survive Termination 51
15.15 Continuation of Works 51

16 NOTICES 52
16.1 Notice of Variation 52
16.2 Notices of Other Claims 52
16.3 Prescribed Notices 52
16.4 Continuing Events 53
16.5 Time Bar 53
16.6 Other Provisions Unaffected 53
16.7 Address for Service 53
H.8 Deemed Receipt 53

CONTRACT PARTICULARS 54-69


PCA CONTRACT INDEX 70-78

© Copyright, Subject to conditions of use.


7
1.1
l. l
l GLOSSARY OF TERMS, INTERPRETATION
AND MISCELLANEOUS

D
(i) which do not prevent the Works or the Stage from being reasonably capable of being
Ill GLOSSARY OF TERMS used for the intended purpose of the Works or the Stage; and
(ii) which can be corrected without prejudicing the convenient use of the Works or the
Unless the context otherwise indicates, whenever used in this Contract, each word or phrase in the Stage;
headings in this clause I. I has the meaning given to it under the relevant heading.
(b) those tests which are required by the Contract to be carried out and passed before the
Act of Prevention Works or the Stage reach Completion have been carried out and passed;
(c) all ~ocuments a~d other information referred to in the Contract, including all Approvals,
Means any one of: whic~ are required for the use, operation and maintenance of the Works have been "'
:::>
(a) a breach of the Contract by the Owner; supplied to the Contract Administrator; and 0
(b) any other act or omission of the Owner, the Contract Administrator or an Other (d) II.I
Contractor engaged by the Owner; or
the Contractor has done everything which the Contract requires it to do as a condition
precedent to Completion, including those things described in the Contract Particulars. z
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(c) a Variation the subject of a Direction by the Contract Administrator, except where the
Variation is instructed in the circumstances described in clause 9.9(b). Contract
........
II.I
Approval The contractual relationship between the parties constituted by: u
Means any licence, permit, consent, approval, determination, certificate or other requirement of any
(a)
(b)
the Formal Agreement to which these Conditions of Contract are attached;
these Conditions of Contract;
"'
~
authority, body or other organisation having any jurisdiction in connection with the Works or the (c) the Contract Particulars; Q
carrying out of the Contractor's Activities or under any other applicable Statutory Requirement,
which must be obtained or satisfied to:
(d) the Works Description; and z
(e) the other documents (if any) referred to in the Contract Particulars. <(
(a) carry out the Contractor's Activities; or
(b) occupy and use the completed Works or a completed Stage. Contract Administrator
z
0
Approved Security_ The p~rson n~minated in the Contract Particulars or any other person nominated by the Owner
from time to time under clause 3.2 to replace that person. ~
a-;
An unconditional undertaking (duly stamped) on terms, and given by a financial institution, approved Ill
by the Owner. Contract Particulars ei:::
Q.
The particulars annexed to these Conditions of Contract and entitled "Contract Particulars". ei:::
Award Date Ill
~
Means either:
(a) the date on which the Formal Agreement, to which these Conditions of Contract are
Contract Price z
attached, has been completed and signed by the Owner and the Contractor; or The amount.specified in the Contract Particulars as adjusted: subje~ to clause 16.5, under the
(b) any earlier date on which the Contract came into existence. Contract.

Bonus Date Contractor


Means, in respect of the Works or a Stage, the date (if any) specified in the Contract Particulars. The person named in the Contract Particulars.

Claim Contractor's Activities


Includes any claim for an increase in the Contract Price, for payment of money (including damages) Means all thi_ngs_ or tasks whij,h the Contractor is, or may be, required to do to comply with its
or for an extension of time: Contract obligations. : .,
(a) under, arising out of, or in any way in connection with, the Contract, including any
Direction of the Contract Administrator; Contractor's Representative
(b) arising out of, or in any way i.n connection with, the Contractor's Activities, the Works or
either party's conduct before the Contract; or The person named in the Contract Particulars or any other person from time to time appointed as
Contractor's Representative in accordance with clause 3.6.
(c) otherwise at law or in equity including:
(i) by statute;
(IQ in tort for negligence or otherwise, including negligent misrepresentation; or Cost Schedule
(iii) for restitution. The document (if any) so described in the Contract Particulars.

Completion Date for Completion


The stage when in respect of the Works or a Stage:
In respect of the Works or a Stage, the date, or period of time, specified in the Contract Particulars
(a) the Works are, or the Stage is, complete except for minor Defects: as adjusted under the Contract. '

© Copyright. Subject to conditions of use.


© Copyright. Subject to conditions of use,
1.1

Date of Completion
7 wherever occurring, which differ materially from those which should have been anticipated by a
1.1

prudent, competent and experienced contractor if It had done those things which the Contractor is
Means the date of Completion set out in a Notice of Completion. deemed to have done under clause 7.1.

Notice of Completion
Defects
Means any defect, shrinkage, fault or omission in the Works including any aspect of the Works A notice under clause I3.2(b) by the Contract Administrator stating that Completion of the Works
or a Stage has been achieved. U')
which is not In accordance with the requirements of this Contract
::)
Other Contractor 0
Defects Liability Period w
The period which commences on the Date of Completion of the Works or a Stage, and which Any contractor, consultant, artist, tradesperson or other person engaged to do work other than the z
continues for the period described in the Contract Particulars as extended by clause 9.1 I.
Contractor and its subcontractors.

Owner
......
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Design Documentation w
u
Means all design documentation (including drawings, specifications, models, samples and calculations)
in computer readable and written forms necessary for the Contractor to complete any part of the
Works which is not fully designed and documented in the Works Description.
The person named in the Contract Particulars.

Owner's Risks
-
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Q
Means any one of: z
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Direction (a) war, invasi~n, act of foreig~ enemie~, hostilities (whether war is declared or not), civil
Means any decision, demand, determination, direction, instruction, notice, order, rejection, war, rebellion, revolution, insurrection or military or usurped powers, martial law or z
or requirement.
confiscation by order of any government or public authority; 0
(b)
~~
ionising radiations or contamination by radioactivity from any nuclear fuel or from any
Insolvency Event - nuclear waste from the combustion of nuclear fuel not caused by the Contractor or its
subcontractors or elther's employees or agents; or
Means: (c) any other event so described in the Contract Particulars.
w
~
(a) a person informs the other party in writing, or its creditors generally, that the person is a.
insolvent or is unable to proceed with the Contract for financial reasons; Plant, Equipment and Work ~
(b) execution is levied against a person by a creditor; w
(c) in relation to an individual person or a partnership including an individual person, the Those things used, or work undertaken, by the Contractor to construct the Works or a Stage but 1-
which will not form part of the Works or the Stage. z
person:
(i) commits an act of bankruptcy;
Ill
.
(ii) has a bankruptcy petition presented against him or her or presents his or her own Priced Bill of Quantities
petition;
(iii) is made bankrupt;
The bill of quantities (if any) completed with r'ates and prices by the Contractor and approved by ~
I.LI
the Contract Administrator under clause 12.3. 1-
(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 u.
required to present a debtor's petition, or has a sequestration order made, under Professional Indemnity Insurance 0
~
Part X of the Bankruptcy Act 1966 (Cth); or Means a policy of insurance to cover claims for breach of professional duty (whether owed in
contract or otherwise) by the Contractor or its subcontractors in carrying out the Contractor's
(d) in relation to a corporation any one of the following:
(i) notice is given of a meeting of creditors with a view to the corporation entering into
Activities. r
. ~
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a deed of company arrangement;
(ii) the corporation entering a deed of company arrangement with creditors;
(iii) a controller, administrator, receiver, receiver and manager, provisional liquidator or
Provisional Sum Work ...
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Th~ work or goods so described in the Contract Particulars for which the sum of money referred
liquidator is appointed to the corporation; to in the Contract Particulars is included in the Contract Price.
(iv) an application is made to a court for the winding up of the corporation and not
stayed within 14 days; Public Liability Insurance
(v) a winding up order is made in respect of the corporation;
(vi) the corporation resolves by special resolution that it be wound up voluntarily (other Means _a policy of public liability insurance in the. joint names of the Owner, Contractor, Contract
than for a members' voluntary winding-up); or Adm1n,strator and all subcontractors to cover their respective:
(vii) a mortgagee of any property of the corporation takes possession of that property. (a) rights and Interests and liabilities to third parties; and
(b) liability to each other for loss or damage to property (other than property required to be
Latent Conditions insured by Works Insurance) and the death of or injury to any person (other than liability
,_ _ which 1:"e law requires to be covered under a workers compensation insurance policy),
Any ground conditions at the Site, excluding ground conditions resulting from inclement weather arising out of, or m any way in connection with, the Contractor's Activities.

© Copyright. Subject to conditions of use. © Copyright. Subject to conditions of use.


7 1.2- 1.3
1.1 - 1.2

amended, novated, supplemented, varied or replaced from time to time;


Schedule of Rates

t
(g) words denoting any gender include all genders;
The document (if any) so described in the Contract Particulars. (h) references to any legislation or to any section or provision of any legislation include any:
(i) statutory modification or re-enactment of or any statutory provision substituted for
that legislation, section or provision; and
Site
(ii) ordinances, by-laws, regulations and other statutory instruments issued under that
The site for the Works described in the Contract Particulars. legislation, section or provision;
Ull
Ull ::>
::> Stage (i) no rule of construction applies to the disadvantage of a party on the basis that the party
0
0 A stage of the Works described in the Contract Particulars.
put forward the Contract or any part; w
I.I.I
z
0) a reference to -.$" is to Australian currency; z
(k) where under the Contract: <C
<C Statutory Requirements (i) a Direction is required to be given or must be complied with; or ...I
...II ...I
...II (ii) payment of money must be made, _ w
Means:
w within a period of 7 days or less from a specified event, then Saturdays, Sundays and u
-
any law applicable to the Works or the carrying out of the Contractor's Activities,
u
u,
(a)
including Acts, ordinances, regulations, by-laws and other subordinate legislation; and public holidays in the place in which the Site is situated will not be counted in computing
u,

(b) Approvals (including any condition or requirement under them). the number of days; ~
~
(I)
Q
i'
Ii
Q
z Variation
forthepurposesofclauses 10.8, 10.9, 10.J0and IO.II:
(i) any extension oftime stated in days; or
z
I <(
<( Unless otherwise stated in the Contract, means any change to the Works including any addition, (ii) any reference to "day",
1\:
z increase, decrease, omission, deletion, demolition or removal to or from the Works. will exclude public holidays and include only those days which are stated in the z
II,, Contractor's approved program under clause I0.2 as working days; 0
0
I'
:11
II ~g..;
Works
The physical works which the Contractor must complete and hand over to the Owner, a brief
(m) other than as set out in paragraphs (k) and (I) references to "day" are references to ~
a-;
[i calendar days; w
w er::
i
l'rl

'i'I
=
=
A,.

I.I.I
description of which appears in the Contract Particulars.

Works Description
(n)

(o)
the words ''including" and "includes", and any variants of those words, will be read as if
followed by the words "without limitation";
the word "subcontractor'' will include suppliers and consultants; and
A,.

=
w
1[1
(p) where a clause contains w,o options, the option specified in the Contract Particulars will apply. 1-
\t1 I- The documents referred to in the Contract Particulars. z
'I z
,1! MISCELLANEOUS
11: Works Insurance
vi'
li'1
~ (a) This Contract is subject to and is tp be construed in accordance with the laws of the
!:
.i
1,i
=
w
I-
Means a policy of insurance:
(a) in the joint names of the Owner, Contractor and all subcontractors for their respective
rights, interests and liabilities, and
(b)
State or Territory in which the Site is'. situated.
None of the terms of the contract can be waived, discharged or released at law or in
equity unless both parties agree in writing. ··
:11 u. (b) insuring all the things referred to in clause 5.1 for which the Contractor bears the risk
(c) The Contractor cannot assign its rights or liaoifities under the Contract without the prior
i! 0 against loss or damage resulting from any insurable event.
written consent of the Owner.
i:i
'I
11 ~ Workers Compensation Insurance
(d) This Contract constitutes the entire agreement and understanding bew,een the parties
and will take effect ;ccording to its tenor despite:
<(
l'i u, Means a policy of insurance to insure against liability for death of or injury to persons employed by (i) any prior agret!ment in conflict or at variance with the Contract; or
u,
II 0...I the Contractor, including liability by statute and at common law. (ii) any correspo~dence or other documents relating to the subject matter of the
ii Contract which may have passed between the parties prior to the Award Date and
!·I which are not included in the Contract.
CJ INTERPRETATION

In this Contract unless the context otherwise indicates: (e) Where a party comprises two or more persons, each person will· be jointly and severally
(a) words in the singular include the plural and vice versa; bound by the party's obligations under the Contract.
(b) references to a person include an individual, firm, corporation or unincorporated body; (f) Any provision in this Contract which is illegal, void or unenforceable will be ineffective to
(c) except in clause I.I, headings are for convenience only and do not affect the interpretation the extent only of such illegality, voidness or unenforceability and such illegality, voidness
or unenforceability will not invalidate any other provision of the Contract.
of this Contract;
(d) references to any party to this Contract include its successors or permitted assigns; (g) This Contract and any documents or information relating to the Contract, the Works or
(e) a reference to a party, clause, Annexure, Schedule, or exhibit is a reference to a party, the Contractor's Activities are confidential and the Contractor must not disclose any of
clause, Annexure, Schedule or exhibit of or to this Contract; these without the prior written consent of the Owner except to the extent that the
(f) references to this Contract and any deed, agreement or instrument are deemed to disclosure is required for the Contractor to carry out its obligations under the Contract.
indude references to this Contract or such other deed, agreement or instrument as (h) All obligations to indemnify under this Contract survive termination of the Contract.

© Copyright. Subject to conditions of use. © Copyright. Subject to conditions•of use.


3.1 -3.5
2.1 -2.3
3 PERSONNEL
2 COMMENCEMENT
CONTRACT ADMINISTRATOR
CONTRACTOR'S OBLIGATIONS
The Contract Administrator will give Directions and carry out all its other functions under the
The Contractor must: Contract as the agent of the Owner (and not as an independent certifier, assessor or valuer).
(a) immediately commence to carry out the Contractor's Activities;
(b) subject to clause 2.2(a), commence construction of Works on Site by no later than the
The Contractor must comply with any Direction by the Contract Administrator given or purported
date specified in the Contract Particulars; and
to be given under a provision of this Contract. ..I
(c) unless otherwise stated, carry out the Contractor's Activities at its cost.
LLI
t- z
zw OWNER'S OBLIGATIONS
Except where the Contract otherwise provides, the Contract Administrator may give a Direction
orally but will as soon as practicable confirm it in writing. z
~ 0
w The Owner must: REPLACEMENT OF CONTRACT "'
u (a) give the Contractor sufficient access to the Site to allow it to commence work on the Site
ADMINISTRATOR
IX
zw on the later of:
(i) satisfaction of the conditions in the Contract Particulars; and
-~
The Owner may at any time replace the Contract Administrator, in which event the Owner will
~ (ii} the date specified in the Contract Particulars; and
appoint another person as the Contract Administrator and notify the Contractor of that
~ appointment.
subject to other provisions of the Contract affecting access, continue to allow the
0 (b)
u Contractor sufficient access to the Site to enable it to carry out the Contractor's
Any substitute Contract Administrator appointed under this clause 3.2 will be bound by anything
Activities. done by the former Contract Administrator to the same extent as the former Contract
Administrator would have been bound.
DELAYED ACCESS
Subject to clause 14.3, failure by the Owner to give access as required by clause 2.2(a) will not be a PARTIES' CONDUCT
breach of the Contract but will entitle the Contractor to: Without limiting any of the rights or obligations of the Owner and Contractor under the Contract,
(a) an extension ~f.time to any relevant Date for Completion where it is otherwise so
the Owner and Contractor must co-operate with each other in carrying out their obligations under
entitled under clause I0.7; and the Contract.
(b) have the Contract Price increased by any extra costs reasonably Incurred by it which
arise directly out of the Owner's delay in giving the Contractor access to the Site, as
determined by the Contract Administrator.
CONTRACT ADMINISTRATOR'S
REPRESENTATIVE

The Contract Administrator may:


(a) by written notice to the Contractq.r appoint persons to exercise any of the Contract
Administrator's functions under the Contract;
(b) not appoint more than one person to exercis.e a specific function under the Contract; and
(c) revoke any appointment under paragraph (a) by notice in writing· to the Contractor.

All references in the Contract to Contract Administrator include a reference to a representative


appointed under this clause 3.4.
r
CONTRACTQR'S REPRESENTATIVE
The Contractor must ensure that the Contractor's Representative is present on the Site at all times
reasonably necessary to ensure that the Contractor is complying with its obligations under the
Contract.

A Direction is deemed to be given to the Contractor if it is given to the Contractor's


Representative.

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3.6 -3.8 4.1 -4.3

4 SECURITY

KEY PEOPLE FORM

The Contractor must: The Contractor must provide security in the form and amount set out in the Contract Particulars.
(a) employ those people specified in the Contract Particulars, including the Contractor's
Representative, in the jobs specified in the Contract Particulars; Where security is required to be provided by the Contractor in the form of Approved Security the
(b) subject to paragraph (c), not replace the people referred to in paragraph (a) without the Contractor must provide the Owner with the Approved Security within 14 days of the Award Date.
Contract Administrator's prior written approval; and
...I (c) if any of the people referred to in paragraph (a) die, become seriously ill or resign from
w RELEASE
the employment of the Contractor, replace them with persons approved by the Contract
z Administrator of at least equivalent experience, ability and expertise.
z OPTION 1
0 The Owner must:
II') REMOVAL OF PERSONS (a(.:,:·
ci=:
w The Contract Administrator may by notice in writing instruct the Contractor to remove any person
g..
from the Site or the Contractor's Activities who in the reasonable opinion of the Contract
Administrator is guilty of misconduct or is incompetent or negligent.

The Contractor must ensure that this person is not again employed in the Contractor's Activities.

INDUSTRIAL RELATIONS
The Contractor must in carrying out the Contractor's Activities:
(a) assume sole responsibility for and manage all aspects of industrial relations;
(b) ensure that the rates of pay and conditions of employment specified in all relevant
industrial aw~rds, enterprise and project agreements and any relevant Statutory
Requirements, for all employees engaged by any person, are always observed in full; and
(c) keep the Contract Administrator fully and promptly informed of industrial relations
problems or issues which affect or are likely to affect the carrying out of the Contractor's OPTION 2
Activities. r~~I~%1~.~r1u.1"s1:ti:,7f:~\:~-:rJ
fa)•• .):'";l;,y

INTEREST

The Owner:
(a) is not obliged to pay the Contractor interest on:
(i) the Approved Security;
(ii) the proceeds of the Approved Security if it is converted into cash· or
(iii) any money retained under clause 4.1; and '

(b) does not hold the proceeds or money referred to in paragraph (a) on trust for the Contractor. I
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j
5.1 -5.4
5.4-5.5
5 RISKS AND INSURANCE
m RISK OF WORKS
This insurance is subject to the exclusions, conditions and excesses noted on the policies and the
Except where it arises from an Owner's Risk, the Contractor will bear the risk of and indemnify the Contractor must:
Owner against: (a) satisfy itself of the nature and extent of the Owner's insurance;
(a) any loss of or damage to; (b) If required by the Contractor, take out insurance to:
(i) the Works or a Stage; (i) insure any risks not insured by the Owner's insurance; or
(Ii) Plant, Equipment and Work; and (ii) cover any such exclusions, conditions or excesses in that insurance,
(iii) unfixed goods and materials (whether on or off Site), including anything provided by which the Contractor wants to insure against or cover; and Ill
the Owner to the Contractor or brought onto Site by a subcontractor, used or to be u
used in carrying out the Contractor's Activities, (c) where it bears the risk of the relevant loss or damage under clause 5.1 or is required to z
~
until: indemnify the Owner under clause 5.2, bear the cost of any excesses In the Owner's
(iv) in the case of loss of or damage to the Works or a Stage, a Notice of Completion insurance. ·
issues for the Works or the Stage; and :::,
(v) otherwise, a Notice of Completion issues for the Works or the last Stage to reach
Completion; and
CONTRACTOR INSURANCE OBLIGATIONS "'z
The Contractor must:
after the issue of a Notice of Completion for the Works or a Stage, any loss of or damage
Q
(b)
to the Works or the Stage arising from any act or omission of the Contractor during the
(a) from the Award Date effect and have in place the following insurance with insurers and
on terms satisfactory to the Contract Administrator:
z
Defects Liability Period or from an event which occurred prior to the issue of the Notice (i) unless the Owner is required to effect any such Insurance under clause 5.4, Works
-<t
of Completion for the Works or the Stage. Insurance and Public Liability Insurance;
(Ii) Workers Compensation Insurance; and
~
OTHER RISKS (iiQ if an ar~ount is included in the Contract Particulars for such insurance, Professionai
lndemmty Insurance,
"'
a2
Except where it arises from an Owner's Risk, the Contractor will indemnify the Owner against: for the amounts referred to in the Contract Particulars;
(a) any loss of or"damage to property of the Owner (other than property referred to in
clause 5.1 (a)); and (b) in relation to the Workers Compensation Insurance:
(b) any liability to or claims by a third party in respect of loss of or damage to property or (i) where per~itted by law, extend the insurance policy to provide indemnity to the
injury to or death of persons, Owner for its statutory liability to the Contractor's employees; and
caused by, or arising out of, or in any way in connection with, the Contractor's Activities provided (ii) ensure that each of its subcontractors has similar insurance to the Workers
that the Contractor's responsibility to indemnify the Owner will be reduced to the extent that an Compensation Insurance covering the subcontractors' employees;
act or omission of the Owner, Contract Administrator or an Other Contractor may have
contributed to the loss, damage, injury or death. (c) pr~vide the. Contract Administrator with a copy of any r_equired insurance policy and
evidence satisfactory :~ the Contract Administrator that the policy is current as required
by the Contract Admm1strator from time to time;
REINSTATEMENT (d) ensure that each required insurance. policy includes provisions which require ·the insurer
to inform the Owner whenever: ·
During the period during which the Contractor bears the risk of loss or damage under clause 5.1,
the Contractor must: (i) it ~eceives a notice under or in connectlo~ with the insurance policy, including any
da1m;and . ·
(a) subject to paragraph (b), promptly replace or otherwise make good any loss of, or repair
the damage to, the Works or a Stage, any Plant, Equipment and Work or any unfixed (ii) it gives any insured a notice under or in c~nnection with the policy, which in the case
goods and materials used or to be used in carrying out the Contractor's Activities; and of a notice of cancellation must be given to the Owner 30 days prior to the
cancellation of the policy; and
(b) where the loss or damage arises from an Owner's Risk, only comply with paragraph (a) to
the extent directed by the Contract Administrator. l
(e) ensure that it: ,. .l

The Contractor will bear the cost of such replacement, making good or repair except to the extent (i) does not do anything which prejudices any insurance;
that the loss or damage arises from an Owner's Risk, in which event this replacement, making good (ii) if necessary, rectifies anything which might prejudice any insurance;
(iii) reinstates an insurance policy if it lapses;
or repair will, to the extent the loss or damage arises from an Owner's Risk (but subject to
paragraph (b)), be treated as if it were a Variation the subject of a Direction by the Contract (iv) does not cancel, vary or allow an insurance policy to lapse without the prior written
Administrator and clause 11.3 applied. consent of the Contract Administrator;
(v) !mmediately notifies the Contract Administrator of any event which may result in an
msurance policy lapsing or being cancelled; and
INSURANCE BY OWNER (vi) gives full, true and particular information to the insurer of all matters and things the
non-disclosure of which might in any way prejudice or affect any such policy or the
The Owner must from the Award Date effect the insurance (if any) specified in the Contract payment of all or any benefits under the insurance.
Particulars and must provide the Contractor with a copy of the relevant insurance policies.

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5.6-5.9
5.9-5.10

FAILURE TO INSURE (B) be the limit of-the Contractor's entitlement to payment for reinstatement
of the loss or damage.


If the Contractor fails to:
(a) provide copies of any insurance policy together with evidence satisfactory to the Contract aiiJ CROSS LIABILITY
Administrator that the policy is current; or
(b) effect insurance which is with insurers and on terms satisfactory to the Contract Where the Contract requires insurance to be effected in joint names the party effecting the
Administrator, insurance must ensure that the insurance policy provides that:
as required by clause 5.5, the Owner may, without prejudice to any other rights it may have, take (a) insofar as the policy may cover more than one insured, all insuring agreements and
out the insurance and the cost will be a debt due from the Contractor to the Owner. endorsements (with the exception of limits of liability) will operate in the same
manner as if there were a separate policy of insurance covering each named insured;
PERIOD OF INSURANCE (b) the insurer waives all rights, remedies or relief to which It might become entitled by
subrogation against any of the parties covered as an insured and that failure by any
The insurance which the parties are required to have in place under this clause 5 must be maintained: insured to observe and fulfil the terms of the policy will not prejudice the insurance
(a) in the case of the Works Insurance, until the Contractor ceases to bear the risk of loss of in regard to any other insured;
or damage to anything under clause 5.1; (c) any non-disclosure by one insured does not prejudice the right of any other insured
(b) in the case of Public Liability Insurance and Workers Compensation Insurance, until the to claim on the policy; and
later of: (d) a notice to the insurer by one insured will be deemed to be notice by all insured
(i) the end of the last Defects Liability Period; and parties.
(ii) the date upon which all Defects have been rectified in accordance with the
Contract; and

(c) in the case of Professional Indemnity Insurance, until the expiration of the period specified
in the Contract Particulars following the last Date of Completion.

NOTICE OF POTENTIAL CLAIM

The Contractor must


(a) as soon as possible inform the Owner in writing of any occurrence that may give rise to a
claim under an insurance policy required by the Contract;
(b) keep the Owner informed of subsequent developments concerning the claim; and
(c) ensure that its subcontractors similarly inform the Contractor and the Owner in respect
of occurrences which may give rise to a claim by them.

PROCEDURE UPON LOSS OR DAMAGE

If loss of or damage to any part of the Works or a Stage occurs whilst the Contractor bears the risk
of loss of or damage to the Works or the Stage under clause 5.1:
(a) the Contractor must
(i) make the Works, or the Stage, and the Site safe and secure;
(ii) notify the relevant insurers and comply with their instructions; and
(iii) promptly consult with the Contract Administrator to discuss the steps to be taken to:
(A) comply with its obligations under clause 5.3; and
(B} ensure that, to the greatest extent possible, the Contractor continues to comply
.·'

with its other obligations under this Contract; and

(b) upon settlement of a claim under the Works Insurance relating to this loss or damage:
(i} if required by either party, the money received from this insurance will be put into a
bank account stipulated by the Owner in the joint names of the Owner and
Contractor; and
(ii} the money received from this insurance, excluding any amount provided for the fees
of any of the Owner's consultants, will:
(A) be paid to the Contractor in accordance with the procedure in clauses 12.6-12.8 as
and when the Contractor reinstates the loss of or damage to the Works or the
Stage; and ·

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6.1 - 6.4 6.5-6.9
6 DESIGN AND DOCUMENTATION
OWNER'S DOCUMENTS COPIES OF DESIGN DOCUMENTATION


The Owner must provide to the Contractor the documents and number of copies of those For the purposes of clauses 6.2(c) and 6.3, the Contractor must submit or resubmit to the Contract
documents specified in the Contract Particulars. Administrator the number of copies specified in the Contract Particulars of any Design
Documentation.
CONTRACTOR'S DESIGN
z FITNESS FOR PURPOSE
0
The Contractor must: z
(a) design the parts of the Works which the Contract requires it to design and for this The Contractor warrants that 0
~i-,; {b)
purpose prepare all relevant Design Documentation;
as part of the program it is to prepare under clause I0.2, submit to the Contract
(a)
(b)
the Design Documentation it prepares will be fit for its intended purpose; and
upon Completion the Works or each Stage will, to the extent they are designed by the ~i-,;
zw Administrator for approval a documentation program which makes allowance for the
Design Documentation to be submitted to the Contract Administrator in a manner and
Contractor, be fit for their intended purpose.
z
w
~ at a rate which will give the Contract Administrator a reasonable opportunity to review AVAILABILITY ~
::::> the Design Documentation within the period of time within which the Contract ::>
u Administrator may review the Design Documentation under clause 6.3; and u
0 (c) submit the Design Documentation it prepares to the Contract Administrator in
The Contractor must keep available for the use of the Contract Administrator, the Owner and any
0
Q person authorised by either the Contract Administrator or the Owner:
accordance with the documentation program approved by the Contract Administrator Q
Q (a) on the Site, one complete set of the Works Description, all Design Documentation issued
under paragraph (b). Q
z
<(
by the Contract Administrator under clause 8.8 {if Option I of that clause applies) or
which the Contractor is entitled to use for construction purposes under clause 6.3 and z
CONTRACT ADMINISTRATOR MAY <(
z REVIEW DESIGN DOCUMENTATION
any documents provided by the Owner under clause 6.1; and
z
-
C,
u,
w The Contract Administrator may:
(a) review any Design Documentation, or any resubmitted Design Documentation, prepared
(b) at any area off-Site where the Contractor's Activities are being carried out, one complete
set of each of those items specified in paragraph (a) insofar as they are relevant to the
Contractor's Activities being carried out in that area.
C,
u,
w
Q
and submitted by the Contractor; and OPTION 1 Q
(b) within 14 days 6f the submission by the Contractor of such Design Documentation or
resubmitted Design Documentation, reject the Design Documentation if in its reasonable r':llJ LICENCE TO USE DOCUMENTS
opinion the Design Documentation does not comply with the requirements of the
Contract.

If any Design Documentation is rejected, the Contractor must submit amended Design
Documentation to the Contract Administrator.

The Contractor must not commence construction of the part of the Works to which any Design
Documentation which it has submitted to the Contract Administrator applies, unless the Contract
Administrator has had 14 days to review the Design Documentation and has not rejected the
Design Documentation. OPTION 2
r':llJ
COPYRIGHT
NO OBLIGATION TO REVIEW
The Contract Administrator does not assume or owe any duty of care to the Contractor to
review, or in reviewing, the Design Documentation submitted by the Contractor for errors,
omissions or compliance with the Contract.

No review of, comments upon, rejection of, or failure to review or comment upon or reject, any
Design Documentation prepared by the Contractor or any other Direction by the Contract INTELLECTUAL PROPERTY RIGHTS
Administrator about the Design Documentation will:
(a) relieve the Contractor from, or alter or affect, the Contractor's liabilities or The Contractor must:
responsibilities whether under the Contract or otherwise according to law; or
(a) ensure that the Contractor's Activities do not infringe any patent, registered design, trade
(b) prejudice the Owner's rights against the Contractor whether under the Contract or mark or name, copyright or other protected right; and
otherwise according to law.
(b) indemnify the Owner against any claims against, or costs, losses or damages suffered or
incurred by, the Owner, arising out of, or in any way in connection with, any actual or

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6.9-6.10 7.1 -7.5

7 THE SITE

alleged infringement of any patent, registered design, trade mark or name, copyright or CONTRACTOR TO INFORM ITSELF
other protected right.
The Contractor warrants that it has, and it will be deemed to have, done everything that would be


expected of a prudent, competent and experienced contractor in:
rim RESOLUTION OF AMBIGUITIES (a) assessing the risks which it is assuming under the Contract; and
(b) ensuring that the Contract Price contains allowances to protect it against any of these
If there is any ambiguity, discrepancy or inconsistency in the documents which make up the risks eventuating. w
z Contract or between the Contract and any Design Documentation which the Contractor is entitled
to use for construction purposes under clause 6.3: !::
0 SITE INFORMATION u,
(a) the order of precedence in the Contract Particulars will apply;
~i..; (b) where the ambiguity, discr~pancy or inconsistency is between the Contract and any part
of the Design Documentation, the higher standard, quality or quantum will prevail but if Without limiting clause 7.7:
w
:c
zw this does not resolve the ambiguity, discrepancy or inconsistency, the Contract will (a) the Owner warrants that it has made available to the Contractor, before the Award Date, I-
such information, data and documents as were obtained by the Owner for the purposes
prevail;
~ (c) if it is discovered by the Contractor or the Contract Administrator, then the party of the Works from Investigations it carried out as to the conditions on, in, under or in
::::» discovering It must promptly give notice to the other; and the vicinity of the Site;
u (d) the Contract Administrator must instruct the Contractor as to the course It must adopt (b) the Owner does not warrant, guarantee or make any representation about the accuracy or
0 within 7 days of the notice under paragraph (c). adequacy of any such information, data and documents made available to the Contractor;
Q (c) the Contractor acknowledges that such information, data and documents do not form
Q part of the Contract and that clause 7.7 applies to the information, data and documents;
z and
<I: (d) to the extent permitted by law, the Owner will not be liable upon any Claim by the
z Contractor arising out of, or in any way in connection with, that information, data and
CJ documents.
u,
w NOTICE OF LATENT CONDITIONS
Q

SITE ACCESS
The Owner:
h (a) is not obliged to:
i
1..
(i) provide the Contractor with sole access to the Site; or

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7

7.5-7.8 7.8

(Ii) carry out any work or provide any facilities to the Contractor (other than as stated in purposes of the Contract;
the Contract) which may be necessary to enable the Contractor to obtain adequate (c) indemnify the Owner against any claim against the Owner by the owner or occupier of,
access to carry out the Contractor's Activities; or any other persons having an interest in, any land referred to in paragraph (b); and


(d) as a condition precedent to Completion of the Works, or any Stage specified in the
(b) may engage Other Contractors to work upon or in the vicinity of the Site at the same Contract Particulars, provide the Contract Administrator with an executed release on
time as the Contractor; and terms satisfactory to the Owner from all claims from the owner or occupier of, and any
(c) must use reasonable endeavours to ensure that any Other Contractors engaged by the other persons having an interest in, all land referred to in paragraph (b).
Owner comply with the reasonable requirements of the Contractor as to matters Ill
concerning industrial relations, site safety, noise levels, insurance and hours of working. !::
U)
Ill
CONTRACTOR'S OBLIGATION
TO PROVIDE ACCESS
::c
I-
In carrying out the Contractor's Activities, the Contractor must
(a) minimise disruption or inconvenience to:
(i) the Owner, occupiers, tenants and potential tenants of the Site in their occupation or
use of, or attendance upon, any part of the Site, including any occupation or use of a
part of the Works or a Stage under clause 13.5; and
(ii) others having a right of access to the Site;

(b) at all reasonable times give the Contract Administrator, the Owner and any person
authorised by either the Contract Administrator or the Owner access to the Works,.the
Site or any areas off-Site where Contractor's Activities are being carried out; and
(c) provide the Owner and the Contract Administrator with every reasonable facility
necessary for the supervision, examination and testing of the Contractor's Activities.

NON-RELIANCE
The Contractor:
(a) warrants that it did not in any way rely upon:
(i) ., any information, data, representation, statement or document made by or provided
to the Contractor by the Owner or anyone on behalf of the Owner; or
(ii) the accuracy or adequacy of any such information, data, representation, statement or
document,
for the purposes of entering into the Contract, except to the extent that any such
information, data, representation, statement or document forms part of the Contract;

(o) warrants that it enters into this Contract based on its own investigations, interpretations,
deductions, information and determinations; and
(c) acknowledges that it is aware that the Owner has entered into the Contract relying upon
the warranties in paragraphs (a) and (b).
,[
,.,
EXTRA LAND REQUIRED BY
THE CONTRACTOR·
The Contract Particulars set out the details of any area of land, in addition to the Site, which the
Owner has procured to enable the Contractor to carry out the Contractor's Activities.

The Contractor must:


(a) comply with all conditions attaching to any agreement by a person having an interest in
the areas of land referred to in the Contract Particulars;
(b) procure for itself the occupation or use of or relevant rights over any land in addition to
the Site or those other areas of land referred to in the Contract Particulars, which the
Contractor may require for carrying out the Contractor's Activities or otherwise for the

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8.1 - 8.4 8.4 - 8.8

8 CONSTRUCTION
(i) increased by any extra costs reasonably incurred by the Contractor; or
DESCRIPTION OF WORKS
(ii) decreased by any saving made by the Contractor,
Subject to clause 6.10, the Contractor must construct the Works in accordance with: in carrying out the Contractor's Activities after the giving of the notice under paragraph


(a) the Works Description and any Design Documentation issued by the Contract (c) and arising directly from the change or variance (as the case may be) or the Contract
Administrator's instruction. in either case as determined by the Contract Administrator.
Administrator under clause 8.8 (if Option I of that clause applies);
(b} any Design Documentation prepared by the Contractor in accordance with the
. z requirements of the Contract, and which the Contractor is entitled to use for SUBCONTRACTING
construction purposes under clause 6.3;
z
0 (c) any Direction of the Contract Administrator given or purported to be given under a The Contractor: 0
i= provision of the Contract, including any Variation directed by the Contract Administrator (a) must not without the prior written approval of the Contract Administrator, which will i=
u by a document titled "Variation Order"; and not be unreasonably withheld, subcontract any work described in the Contract Particulars u
:::,
::, (d) the other requirements of the Contract. except to a subcontractor named in the Contract Particulars;
1¥ 1¥
I- (b) will be fully responsible for the Contractor's Activities despite subcontracting the carrying I-
V) out of any part of the Contractor's Activities; v,
ALL WORK INCLUDED z
z (c) will be vicariously liable to the Owner for all acts, omissions and defaults of its
0 subcontractors (and those of the employees and agents of its subcontractors) relating to, 0
u The Contractor has allowed for the provision of all Plant, Equipment and Work, materials and other
work necessary for the Contractor's Activities, whether or not expressly mentioned in the Works or in any way connected with, the Contractor's Activities; and u
Description or any Design Documentation. (d) must ensure that each subcontract contains provisions which bind the subcontractor to
participate in any novation required by the Owner under clause I4.6(a).
Any such Plant, Equipment and Work, materials and other work:
(a) must be undertaken and provided by the Contractor; and SUBCONTRACTOR WARRANTIES
(b) forms part of the Contractor's Activities and will not entitle the Contractor to make a
Claim except as otherwise provided for in the Contract. The Contractor must, as a condition precedent to Completion of the Works or any Stage specified in
the Contract Particulars, procure and provide the Owner with those warranties described in the
STATUTO~Y REQUIREMENTS Contract Particulars from the relevant subcontractor undertaking or supplying the work or item the
subject of the warranty.
The Contract Particulars describe the Approvals which exist at the Award Date or which the
Owner will obtain after the Award Date. These warranties:
(a) must be in the terms prescribed by the Contract and must be In favour of the Owner;
In carrying out the Contractor's Activities, the Contractor must: and
(a) unless otherwise specified in the Contract Particulars, comply with all applicable Statutory (b) will not derogate from any rights which the Owner may have against the Contractor in
Requirements:
respect of the subject matter of these warranties.
(b) without limiting paragraph (a):
(i} apply for and obtain all Approvals other than those referred to in the Contract PROVISIONAL SUM WQRK
Particulars; and
(ii) give all notices and pay all fees and other amounts which it Is required to pay in For each item of Provisional Sum Work, the Contract Administrator will give the Contractor an
respect of the carrying out of its Contract obligations; and instruction either deleting that ii:em of Provisional Sum Work from the Contract or requiring the
Contractor to proceed with the relevant work.
(c) promptly give the Contract Administrator copies of all documents (including Approvals
and other notices) that any authority, body or organisation having jurisdiction over the If any item of Provisional Sum Work is deleted from the Contract:
Works or the carrying out of the Contractor's Activities issue to the Contractor. (a) the Contract Pri5,_e will be reduced by the amount allowed for the item of Provisional Sum
Work in the Contract Particulars;
CHANGE IN STATUTORY REQUIREMENTS (b) the Owner may engage an Other Contractor to carry out the item of Provisional Sum
OR VARIANCE WITH CONTRACT Work; and
(c) the Owner will not be liable upon any Claim by the Contractor arising out of, or in any
If: way in connection with, the deletion of the item of Provisional Sum Work.
(a) there is any change in a Statutory Requirement after the Award Date; or
(b) a Statutory Requirement is at variance with the Contract, OPTION 1
then:
(c) the party discovering this must promptly notify the other;
(iD DESIGN FOR PROVISIONAL SUM WORK
(d) the Contract Administrator will instruct the Contractor as to how it is to proceed with TO BE PREPARED BY OWNER
the Contractor's Activities insofar as they are affected by the change or variance (as the
case may be) ; and
(e) the Contract Price will be:

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7
8.8 - 8.10 8.11-8.15

0 PRICE ADJUSTMENT FOR OTHER


PROVISIONAL SUM WORK


If the Contract Administrator directs that an item of Provisional Sum Work is not to be put out to
tender in accordance with the procedure in clause 8.9, the Contract Price will be adjusted for the
item of Provisional Sum Work by the difference between:
OPTION 2
z f:i:jDESIGN FOR PROVISIONAL SUM WORK
(a) the amount allowed for the item of Provisional Sum Work in the Contract Particulars;
and z
0 (b) either: 0
j:: TO BE PREPARED BY CONTRACTOR
u
::>
(i) an amount agreed between the Contractor and the Contract Administrator; or
(ii) if they fail to agree, an amount determined by the Contract Administrator under
~
::>
~ clause I 1.3(b) or I I.3(c)(ii) as if the item of Provisional Sum Work were a Variation. ~
1- 1-
fl)
z 6 FURTHER ALLOWANCE FOR
fl)
z
0 PROVISIONAL SUM WORK 0
u u
If, after each and every item of Provisional Sum Work has been deleted under clause 8.7, put out to
[;E TENDERING PROVISIONAL SUM WORK tender under clause 8.9 or priced under clause 8.11, the total net increase to the Contract Price
after all adjustments under clauses 8.7, 8. IO and 8.11 exceeds 20% of the total amount allowed in
Where the Contractor is instructed to proceed with an item of Provisional Sum Work, it must, the Contract Particulars for Provisional Sum Work, the Contract Price will be further increased by
unless otherwise directed by the Contract Administrator, be carried out under subcontracts the percentage set out in the Contract Particulars of the amount by which the total net increase to
entered into by the Contractor as follows: the Contract Price exceeds 20% of the total amount allowed in the Contract Particulars.
(a) after the Design Documentation for the item of Provisional Sum Work has been prepared
(and, if prepared by the Contractor, is in accordance with the requirements of the
Contract and the Contractor is entitled to use it for construction purposes under clause
0 CO-OPERATION WITH OTHER
CONTRACTORS
6.3), the Contractor must invite tenders:
(i) from at least 3 persons as either specified in the Contract Particulars or otherwise The Contractor must:
proposed by the Contractor and approved by the Ccintract Administrator; and (a) permit Other Contractors to carry out their work;
(ii) on the terms of a subcontract containing similar terms to the Contract and approved (b) fully co-operate with Other Contractors;
by the Contract Administrator; (c) carefully co-ordinate and interface the Contractor's Activities with the work carried out
or to be carried out by Other Contractors; and
(b) the Contractor must give the Contract Administrator such details of each tender as the (d) . carry out the Contractor's Activities so as to avoid interfering with, disrupting or delaying
Contract Administrator may require; the work of Other Contractors.
(c) the Contractor must recommend to the Contract Administrator which tenderer it
believes should be accepted and, if this tenderer is not the lowest priced tenderer, it must
give reasons why the lowest priced tenderer is not recommended; and
fill) SETTING OUT
(d) the Contractor must then enter into a subcontract with a tenderer as instructed by the
The Contractor must:
Contract Administrator.
(a) set out the Works in accordance with the requirements of the Contract; and
(b) carry out any survey which may be necessary for this purpose.
(;IE PRICE ADJUSTMENT FOR TENDERED
£
PROVISIONAL SUM WORK SURVEY ,.,
After the Contractor is instructed to enter into a subcontract for an item of Provisional Sum Work The Contractor must as a condition precedent to Completion of the Works or of any Stage
under clause 8.9: specified in the Contract Particulars, submit to the Contract Administrator a certificate signed by a
(a) the Contract Price will, if. the amount tendered by the tenderer with whom the licensed surveyor stating that:
Contractor is instructed to enter into the subcontract is more or less than the amount (a) the whole of the Works or the Stage are within any particular boundaries stipulated in
allowed in the Contract Particulars for that item of Provisional Sum Work, be adjusted by the Contract except only for parts of the Works or Stage specifically required by the
the amount of the difference, with no further allowance for overhead and profit except as Contract to be outside those boundaries; and
set out in clause 8.12; and (b) where so required by the Works Description, structural elements of the Works or the
(b) any Variation to that work will be dealt with under clause 11. Stage are within the tolerances specified.

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en
8.16 - 8.20 8.21 - 8.24

CIE SAFETY fiEI URGENT PROTECTION


The Contractor must carry out the Contractor's Activities safely and so as to protect persons and The Owner may take any action necessary to protect the Works, other property, the environment


property. or people which the Contractor must take but does not take.

If the Contract Administrator reasonably considers there is a risk of injury to people or damage to
property arising from the Contractor's Activities, the Contract Administrator may direct the
Bill VALUABLE OBJECTS FOUND ON SITE
z Contractor to change its manner of working or to cease working.
Any things of value or archaeological or special interest found on or in the Site will, as between the
z
0 0
parties, be the property of the Owner.
j::
u
::,
(;IE OCCUPATIONAL HEALTH, SAFETY
AND REHABILITATION MANAGEMENT Where such an item is found the Contractor must: B
::,
~ (a) immediately notify the Contract Administrator; ~
I- The Contractor must: (b) protect it and not disturb it further; and I-
VI VI
z (a) ensure that in carrying out the Contractor's Activities:
(i) it complies with all Statutory Requirements and other requirements of the Contract
(c) comply with any instructions of the Contract Administrator in relation to the item.
z
0 0
u for occupational health, safety and rehabilitation management; and
(ii) its subcontractors comply with the requirements referred to in this clause 8.17; and
The Contract Price will be increased by the extra costs reasonably incurred by the Contractor in
complying with the Contract Administrator's instructions, as determined by the Contract
u
Administrator.
(b) keep the Contract Administrator fully informed of all occupational health, safety and
rehabilitation matters arising out of, or in any way in connection with, the Contractor's
Activities as soon as they occur.
B THE OWNER MAY ACT

The Owner may, either itself or by a third party, carry out an obligation under the Contract which
r.wr.11
I.!lU:J PLANT, EQUIPMENT AND WORK the Contractor was obliged to carry out but which it failed to carry out within the time required in
accordance with the Contract.
The Contractor must n9t remove from the Site any Plant, Equipment and Work without the
Contract Administrator's prior written approval except for the purpose of achieving Completion as The costs, expenses and damages suffered or incurred by the Owner in so carrying out such a
contemplated under clause 8. I9(b). Contract obligation will be a debt due from the Contractor to the Owner.

D CLEANING UP [E) WORKING HOURS

In carrying out the Contractor's Activities, the Contractor must Unless otherwise agreed between the Contractor and the Contract Administrator, the hours of
(a) keep the Site and the Works clean and tidy and free of refuse; and work applicable to the Contractor's Activities to be carried out on Site are those set out in the
(b) as a condition precedent to Completion of the Works or a Stage, remove all rubbish, Contract Particulars.
materials and Plant, Equipment and Work from the part of the Site relevant to the Works
or the Stage.

6 THE ENVIRONMENT
The Contractor must:
(a) ensure that in carrying out the Contractor's Activities:
(i) it complies with all Statutory Requirements and other requirements of the Contract
for the protection of the environment;
(ii) it does not pollute, contaminate or otherwise damage the environment; and
.
,f
·'

(Iii) its subcontractors comply with the requirements referred to in this clause 8.20; and

(b) make good any pollution, contamination or damage to the environment arising out of, or
in any way in connection with, the Contractor's Activities, whether or not it has complied
with all Statutory Requirements or other requirements of the Contract for the protection
of the environment.

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J
9.1 -9.3 9.3-9.7

9 QUALITY
(ii) review construction for errors, omissions or compliance with the requirements of
CONSTRUCTION this Contract if it does so inspect; and
The Contractor must in carrying out the Contractor's Activities: (b) no inspection of the Contractor's Activities or review of construction by the Contract
(a) use workmanship:
Administrator will in any way lessen or otherwise affect
(i) of:
(i) the Contractor's obligations whether under this Contract or otherwise according to law; or
(A) the standard prescribed in the Contract; or
(ii) the Owner's rights against the Contractor whether under this Contract or otherwise
(B) to the extent it is not so prescribed, a standard consistent with the best industry
according to law. ·
standards for work of a nature similar to the Works and which is at least to the
same standard as that found in the development referred to in the Contract
Particulars; and TESTING

(ii) which is fit for its purpose; The Contractor must carry out all tests required by the Contract or directed by the Contract
Administrator.
(b) use materials:
(i) which: All tests are to be carried out in accordance with any procedure:
(A) comply with the requirements of the Contract; or (a) set out in the Contract which may apply to the tests; or
(B) if not fully described in the Contract, are new and consistent with the best (b) if no procedure exists, as reasonably directed by the Contract Administrator.
industry standards for work of a nature similar to the Works and which are at
least to the same standard as those found in the development referred to in the COSTS OF TESTING
Contract Particulars; and
If.
(ii) of merchantable quality, which are fit for their purpose and consistent with the nature (a) the Contract Administrator directs the Contractor to carry out a test which:
and character of the Works; and (i) is not otherwise required by the Contract; or
(ii) does not relate to a Defect in respect of which the Contract Administrator gave an
(c) comply with -the requirements of the Contract and, to the extent they are not instruction under clause 9.6; and
inconsistent, th<! requirements of the Building Code of Australia and all relevant standards
of Standards Australia. (b) the results of the test show the work is in accordance with the Contract,
the reasonable costs incurred by the Contractor in carrying out the test will be determined by the
QUALITY ASSURANCE Contract Administrator and added to the Contract Price.

The Contractor: DEFECTS


(a) must implement the quality assurance system specified in the Contract Particulars;
(b) must allow the Contract Administrator access to the quality system of the Contractor Subject to paragraphs (b) and (c), the Contractor must correct all Defects.
and its subcontractors so as to enable monitoring and quality auditing; and
(c) will not be relieved from compliance with any of its Contract obligations or from any of If, prior to the expiration of the Defects Liibility Period for the Works or a Stage, the Contract
its liabilities whether under the Contract or otherwise according to law as a result of: Administrator discovers or believes there is a Defect the Contract Al'!ministrator may give the
(i) the implementation of, and compliance with, the quality assurance requirements of Contractor an instruction specifying the Defect and doing one or more of the following:
the Contract; (a) requiring the Contractor to correct the Defect, or any part of it, and specifying the time
~i) any Direction by the Contract Administrator concerning the Contractor's quality within which this must occur; or
assurance system or its compliance or non-compliance with that system; (b) requiring the Contractor to carry out a Variation to overcome the Defect, or any part of
(iii) any audit or other monitoring by the Contract Administrator of the Contractor's it, and specifying J:he time within which this must be carried out; or
compliance with the quality assurance system; or (c) advising the Co1tr,actor that the Owner will accept the work, or any part of it, despite
(iv) any failure by the Contract Administrator, or anyone else acting on behalf of the the Defect.
Owner, to detect any Defect Including where any such failure arises from any
negligence on the part of the Contract Administrator or other person. CORRECTION OF DEFECT
OR VARIATION
CONTRACT ADMINISTRATOR'S
RIGHT TO INSPECT If an instruction is given under clause 9.6(a) or 9.6(b), the Contractor must correct the Defect or
carry out the Variation:
The Contract Administrator may at any time inspect the Contractor's Activities. (a) within the time specified in the Contract Administrator's instruction; and
(b) if after Completion, at times and in a manner which cause as little inconvenience to the
The Contractor however acknowledges that occupants of the Works or the Stage as is reasonably possible.
(a) the Contract Administrator owes no duty to the Contractor to:
(i) inspect the Contractor's Activities; or

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,-i1J."ll•c ..- ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
9.8-9.11 9.12

CLAIM FOR CORRECTION OF DEFECT afl COMMON LAW RIGHTS NOT AFFECTED

Where an instruction is given under clause 9.6(a): Neither the Owner's rights, nor the Contractor's liability, whether under the Contract or
(a) the Contractor will only be entitled to make a Claim for correcting the Defect (or the otherwise according to law in respect of Defects, whether before or after the expiration of the
Defects Liability Period, will be affected or limited by:
relevant part) if the Defect (or the relevant part) is something for which the Contractor is
(a) the rights conferred upon the Owner or Contract Administrator by this clause 9 or any
not responsible; and other provision of the Contract;
(b) where the Contractor is so entided to make a Claim, the work involved in the correction (b) the failure by the Owner or the Contract Administrator to exercise any such rights; or
of the Defect will be treated as if it were a Variation the subject of a Direction by the (c) any instruction of the Contract Administrator under clause 9.6.
Contract Administrator and clause 11.3 applied.

CLAIM FOR VARIATION

Where a Variation has been instructed under clause 9.6(b) and:


(a) the Contractor is not responsible for the Defect (or the relevant part):
(i) the Contract Price will be adjusted in accordance with clause 11.3; and
(ii) the Contractor will be ~ntitled to an extension of trme to any relevant Date for
Completion where it is otherwise so entitled under clause I0.7; or

(b) the Contractor is responsible for the Defect (or the relevant part):
(i) the Contract Administrator will determine:
(A) the value of the Variation in accordance with clause I 1.3; and
(B) the cost of correcting the Defect (or the relevant part) as if clause 9.S(b) applied;

(ii) the Contract Price will be adjusted by the difference between the valuations under
sub-paragraph (i) as follows:
(A) if the value under sub-sub-paragraph (A) is greater than the cost under
sub-sub-paragraph (B), the Contract Price will be Increased; or
(B) if the value under sub-sub-paragraph (B) is greater than the cost under
sub-sub-paragraph (A), the Contract Price will be decreased; and

(iii) the Contractor may not claim an extension of time to any Date for Completion.

0 ACCEPTANCE OF WORK

If:
(a) an instruction is given under clause 9.6(c) prior to the expiration of the Defects Liability
Period; and
(b) the Contractor is responsible for the Defect (or the relevant part), ,,,,
the Contract Price will be reduced by the amount determined by the Contract Administrator which
represents the cost of correcting the Defect (or the relevant part).
l
mlJ EXTENSION OF DEFECTS
LIABILITY PERIOD

If:
(a) the Contract Administrator ~ves the Contractor an instruction under clause 9.6(a) or
9.6(b) during the Defects Liability Period; and
ii, (b) the Contractor is responsible for the Defect (or the relevant part),
the Defects Liability Period will be extended for the work required by the instruction by the period
set out in the Contract Particulars, commencing upon completion of the correction of the Defect
(or the relevant part) or completion of the Variation.

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10.1 -10.5 10.6 -10.9

10 TIME

mlJ PROGRESS AND TIME FOR COMPLETION fm CLAIM

The Contractor must: To claim an extension of time the Contractor must:


(a) regularly and diligently progress the Contractor's Activities; and (a) within 14 days of the commencement of the occurrence causing the delay submit a
{b) achieve Completion of the Works or each Stage by the relevant Date for Completion. written claim to the Contract Administrator for an extension to the relevant Date for
Completion which:
il!E PROGRAMMING (i) gives detailed particulars of the delay and the occurrence causing the delay; and
(ii) states the number of days extension of time claimed together with the basis of
calculating that period, including evidence that it will be delayed in achieving
The Contractor must:
(a) within 14 days of the Award Date prepare a program of the Contractor's Activities which Completion in the manner set out in clause J0.7(c); and
must contain the details required by the Contract or which the Contract Administrator
(b) if the effects of the delay continue beyond the period of 14 days after the commencement of
otherwise reasonably directs;
(b) update the program periodically at least at intervals of no less than that specified in the the occurrence causing the delay and the Contractor wishes to claim an extension of time in
respect of the further delay, submit a further written claim to the Contract Administrator:
Contract Particulars to take account of:
(i) changes to the program; or (i) every 14 days after the first written claim until 7 days after the end of the effects of
0i) delays which may have occurred, including any for which the Contractor is granted an the delay; and
extension oftime under clause I0.8; and (ii) containing the information required by paragraph (a).

(c) give the Contract Administrator copies of all programs for its approval. mE CONDITIONS PRECEDENT
TO EXTENSION
la] CONTRACTOR NOT RELIEVED
Subject to clause I0.14, it is a condition precedent to the Contractor's entitlement to an extension
Any review of. comments upon or approval of, or any failure to review or comment upon. a of time that:
program by the Contract Administrator will not: (a) the Contractor must give the written claim required by clause I0.6 as required by that
(a) relieve the O:,ntractor from or alter its liabilities or obligations under the Contract, clause;
especially (without limitation) the obligation to achieve Completion by each Date for (b) the cause of the delay was beyond the reasonable control of the Contractor;
Completion; {c) the Contractor must have actually been, or be likely to be, delayed by:
(b) evidence or constitute the granting of an extension of time or an instruction by the (i) prior to the Date for Completion of the Works or the Stage, an Act of Prevention or
Contract Administrator to accelerate, disrupt, prolong or vary any, or all, of the a cause described in the Contract Particulars in a manner which will prevent it from
Contractor's Activities; or achieving Completion of the Works or the Stage by the relevant Date for Completion
(c) affect the time for the carrying out of the Owner's or Contract Administrator's Contract unless that date is extended; or
obligations. (ii) after the Date for Completion of the Works or the Stage, an Act of Prevention in a
manner which will delay it in achieving Completion of the Works or the Stage; and
ll!m ACCELERATION BY CONTRACTOR
(d) the Contractor must not have beeh given an instruction under clause I0.13.
If the Contractor chooses to accelerate progress then despite clause 3.3:
(a) neither the Owner nor the Contract Administrator will be obliged to take any action to mJ3 EXTENSION OF TIME
assist or enable the Contractor to achieve Completion before any Date for Completion; and
(b) the time for the carrying out of the Owner's or the Contract Administrator's obligations Subject to clause I0.9, if the conditions precedent in clause I0.7 have been satisfied, the relevant
will not be affected. Date for Completion will be extended by a reasonable period determined by the Contract
Administrator and notifie'if-to the Owner and the Contractor ·within 21 days of the Contractor's
Im DELAYS ENTITLING CLAIM
written claim under clause,I.P.6.

If the Contractor is, or is likely to be, delayed: UiE REDUCTION IN EXTENSION OF TIME
(a) prior to the Date for Completion of the Works or a Stage, by an Act of Prevention or a
cause described in the Contract Particulars in a manner which will prevent it from The Contract Administrator will reduce any extension to the relevant Date for Completion it
achieving Completion of the Works or the Stage by the relevant Date for Completion; or would otherwise have notified to the Owner and the Contractor under clause I0.8 to the extent
(b) after the Date for Completion of the Works or a Stage, by an Act of Prevention in a that the Contractor:
manner which will delay it in achieving Completion of the Works or the Stage, (a) contributed to the delay; or
the Contractor may claim an extension of time. (b) failed to take all steps necessary both to preclude the cause of the delay and to avoid or
minimise the consequences of the delay.

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10.10-10.12 10.13-10.16

mll!] UNILATERAL EXTENSIONS (ml INSTRUCTION TO ACCELERATE

Whether or not the Contractor has made, or is entitled to make, a claim for an extension of time If the Contractor gives the Contract Administrator a claim under clause I0.6, the Contract
under this clause I0, the Contract Administrator may, in its absolute discretion at any time and from Administrator may:
time to time by written notice to the Contractor and the Owner, unilaterally extend any Date for (a) instruct the Contractor to accelerate the Contractor's Activities by taking those
Completion. measures which are necessary to overcome or minimise the extent and effects of some
or all of the delay including, if required, in order to achieve Completion of the Works or
The Contract Administrator is not required to exercise its discretion under this clause I0.10 for the the Stage by the relevant Date for Completion; and
benefit of the Contractor. (b) give such an instruction whether or not the cause of delay for which the Contractor has
given its claim under clause I0.6 otherwise entitles the Contractor to an extension of
mJII AGREED DAMAGES time to any relevant Date for Completion.

ml!( PARTIAL ACCELERATION

If the Contract Administrator gives the Contractor an instruction to accelerate under clause I0.13
requiring it to accelerate the Contractor's Activities and it only applies to part of the delay, the
Contractor's entitlement to any extension of time which it otherwise would have had will only be
reduced to the extent to which the instruction to accelerate requires the Contractor to accelerate
to overcome the delay.

mJII ACCELERATION
If the Contract Administrator gives an instruction to the Contractor under clause I0.13:
(a) the Contractor must accelerate the Contractor's Activities to overcome or minimise the
extent and effect of some or all of the delay as instructed, including, if required, in order
to achieve Completion of the Works or the Stage by the relevant Date for Completion;
(b) if the Contractor would, but for the instruction, have been entitled to an extension of
time to the relevant Date for Completion for the cause of delay, the Contractor will be
ml!) SUSPENSION entitled to be paid:
(!) the extra costs reasonably incurred by it and directly attributable to accelerating the
The Contract Administrator may instruct the Contractor to suspend and, after a suspension has Contractor's Activities; and
been instructed, to re-commence, the carrying out of all or a part of the Contractor's Activities. (ii) that percentage of the amount under sub-paragraph (i) stipulated in the Contract
Particulars; and
The Contractor can only suspend the Contractor's Activities in accordance with clause 14.5.
(c) subject to clause I0.14, the Contractor will not be entitled to make any Claim against the
If a suspension under this clause I0.12 or under clause 14.5 arises as a result of: Owner, arising out of, or in any way in conn~ction with, the cause of delay and the instruction
(a) the Contractor's failure to carry out its obligations in accordance with the Contract, the other than for the amount which is payable by the Owner under this clause I0.15.
Contractor will not be entitled to make any Claim against the Owner arising out of, or in
any way in connection with, the suspension; or IElm OWNER'S RIGHTS TO LIQUIDATED
(b) a cause other than the Contractor's failure to carry out its obligations in accordance with DAMAGES NOT AFFECTED
the Contract: ,.
(i) an instruction to suspend under this clause I0.12 or a suspension under clause 14.5 The Owner's rights to ligyidated damages under clause 13.7 for a failure by the Contractor to
will entitle the Contractor to: achieve Completion of the Works or a Stage by any relevant Date for Completion are not affected
(A) be paid by the Owner the extra costs reasonably incurred by It as a result of the by the Contract Administrator giving the Contractor an instruction to accelerate under
suspension as determined by the Contract Administrator; and clause I0.13.
(B) an extension of time to any relevant Date for Completion where it is otherwise
so entitled under clause I0.7;

(ii) the Contractor must take all steps possible to mitigate the extra costs incurred by it
as a result of the suspension; and
(iii)-the Contractor will not be entitled to make any Claim against the Owner arising out of,
or in any way in connection with, the suspension other than under this paragraph (b).

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11.1 - 11.3 11.3 - 11.6

11 VARIATIONS

DI) VARIATION PRICE REQUEST (B) where the adjustment to the Contract Price is to be a decrease, the percentage
specified in the Contract Particulars for off-site overheads and profit; and
At any time prior to the Date of Completion of the Works or a Stage (but without limiting clauses
5.3 and 9.6), the Contract Administrator may issue a document titled "Variation Price Request" to (iv) any reasonable costs and expenses incurred by the Contractor arising from the
the Contractor which will set out details of a proposed Variation which the Owner is considering Variation delaying the Contractor; or
with respect to the Works or a Stage.
(d) the amount determined by the Contract Administrator under clause 11.6.
Within 14 days of the receipt of a "Variation Price Request" the Contractor must provide the
Contract Administrator with a written notice in which the Contractor sets out:
(a) the adjustment to the Contract Price to carry out the proposed Variation; and
IIE OMISSIONS
(b) the effect which the proposed Variation will have on the then approved program, If a Variation the subject of a Direction by the Contract Administrator omits any part of the Works
including each Date for Completion. or a Stage, the Owner may thereafter carry out this omitted work either itself or by engaging Other
Contractors.
(IE VARIATION ORDER

Whether or not the Contract Administrator has issued a "Variation Price Request" under clause
IIE DAYWORK
11.1, the Contract Administrator may at any time prior to the Date of Completion of the Works or If the Contractor is given an instruction under either clause I 1.2(c) or clause 12.5(d) to carry out
a Stage (but without limiting clauses 5.3 and 9.6), instruct the Contractor to carry out a Variation by work as daywork, the Contractor must:
a written document titled "Variation Order" in which the Contract Administrator will state one of (a) carry out the daywork in an efficient manner; and
the following: (b) after the instruction, each day provide the Contract Administrator with a written report
(a) the proposed adjustment to the Contract Price as set out in the Contractor's notice signed by the Contractor which:
under clause I 1.1 (if any) is agreed and the Contract Price will be adjusted accordingly; or (i) records particulars of all resources used by the Contractor for the execution of the
(b) any adjustment to the Contract Price will be determined under clauses I l.3{b) and 11.3(c); or daywork; and
(c) the Variation is to be carried out as daywork and any adjustment to the Contract Price Qi) includes the particulars and copies of time sheets, wages sheets, invoices, receipts and
will be determ!ned under clause I 1.3(d). other documents evidencing the cost of the daywork.

IIIJ COST OF VARIATION The Contract Administrator may direct the manner in which matters are to be recorded.

Subject to clauses 9.9(b) and 11.9, the Contract Price will be increased or decreased for all
Variations which have been the subject of a Direction by the Contract Administrator by:
111'4 VALUATION OF DAYWORK
(a) where clause I I.2(a) applies, the agreed amount; or In determining the value of work which the Contract Administrator instructed was to be carried out
(b) an amount determined by the Contract Administrator using any rates or prices which as daywork, the Contract Administrator will have regard to:
appear in the Cost Schedule or the Priced Bill of Quantities to the extent they are (a) · i:he amount of wages and allowances paid or payable by the Contractor at:
applicable to, or it is reasonable to use them for valuing, the Variation, to which will be (i) the rates pertaining at the Site at the time as established by the Contractor to the
added: reasonable satisfaction of the Contract Administrator; or
(i) the following percentage or percentages of the amount determined: (ii) other reasonable rates approved bythe·cqntractAdministrator;
(A) where the adjustment to the Contract Price is to be an increase, those percentages
specified in the Contract Particulars for non-time related on-site overheads and (b) the percentage stated in the Contract Particulars of the wages paid or payable under
preliminaries and off-site overheads and profit; or paragraph (a), or if no percentage is stated, the amount paid or payable by the Contractor
(B) where the adjustment to the Contract Price is to be a decrease, the percentage in accordance with any relevant industrial awards and enterprise and project agreements
specified in the Contract Particulars for off-site overheads and profit; and applicable to day~our additional to the wages paid or payable under paragraph (a);
(c) the amount of hire charges in respect of plant approved by the ·contract Administrator
(ii) any reasonable costs and expenses incurred by the Contractor arising from the for use on the work in accordance with the hiring rates and conditions:
Variation delaying the Coritractor; or (i) agreed between the Contract Administrator and the Contractor; or
(ii) failing agreement, reasonably determined by the Contract Administrator;
(c) to the extent paragraph (b) does not apply, a reasonable amount:
(i) to be agreed between the parties; or (d) the reasonable amounts paid for services, subcontracts and professional fees; and
\'I (ii) failing agreement, determined by the Contract Administrator, (e) the actual cost to the Contractor at the Site of all materials supplied and required for the
to which will be added: work,
(iii) the following percentage or percentages of the amount determined: to which will be added:
(A) where the adjustment to the Contract Price is to be an increase, those (f) the percentages of the amounts determined under paragraphs (a) - (e) specified in the
percentages specified in the Contract Particulars for non-time related on-site Contract Particulars for non-time related on-site overheads and preliminaries and off-site
· overheads and preliminaries and off-site overheads and profit; or overheads and profit; and

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r1.'.c-·-
1 ! 12.l -12.5
11.6-11.9

12 PAYMENT
I (g) any reasonable costs and expenses incurred by the Contractor arising from the Variation ID) PAYMENT OBLIGATION
delaying the Contractor.
Subject to clause 12.19 and to any other right to set-off which the Owner may have, the Owner
1116 VARIATIONS REQUESTED BY must pay the Contractor:
(a) the Contract Price; and
CONTRACTOR (b) any other amounts which are payable by the Owner to the Contractor under the
Contract
The Contractor may, for its convenience, request the Contract Administrator to direct a Variation.
Any such request must be in writing and must contain the following details:
(a) a description of the Variation; lfE BILL OF QUANTITIES
(b) the additional or reduced costs or time involved in the Variation and any proposal for
sharing any savings in costs with the Owner including the amount;
(c) any benefits which will flow to the Owner from the Variation; and
(cl) the effect which the Variation will have upon the future cost of operating and maintaining
the Works.

111'3 CONTRACT ADMINISTRATOR'S


DETERMINATION
After a request is made by the Contractor in accordance with clause 11.7, the Contract
Administrator will, in Its absolute discretion, give a written notice to the Contractor:
(a) rejecting the request; or
(b) approving the request either conditionally or unconditionally.

The Contract Administrator will not be obliged to exercise its discretion for the benefit of the
Contractor.

lllfl VARIATION APPROVED BY CONTRACT


ADMINISTRATOR 0 COMPLETION OF BILL OF QUANTITIES
If the Contract Administrator issues a written notice under clause I 1.8 approving the Contractor's
request under clause 11.7:
(a) unless otherwise agreed, the Contractor will not be entitled to make a Claim against the
Owner arising out of, or in any way in connection with, the Variation;
(b) if the Contractor's request offered to share savings in cost with the Owner, the Contract
Price will be reduced by the amount offered by the Contractor In its request; and
(c) the Contractor will be responsible for all parts of the Works which are in any way
affected by the Variation.

lillJ QUANTITIJ:S IN SCHEDULE OF RATES

The items of work and quantities in any Schedule of Rates are estimated and not guaranteed. The
Contractor will not be entitled to make any Claim against the Owner if the items of work or
quantities are incorrect in that they:
(a) contain an incorrect quantity;
(b) contain an item which should not have been included; or
(c) omit an item which should have been included.

Im LIMITS OF ACCURACY
If a Schedule of Rates exists and:
(a)_ the actual quantity of an item required to carry out the Contractor's Activities is greater
or less than the quantity shown in the Schedule of Rates;

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12.5- 12.8 12.9-12.13

(b)
(c)
the Owner has accepted a rate for the item referred to in paragraph (a); and
the actual quantity of the item referred to in paragraph (a) is outside the limits of
Im PAYMENT ON ACCOUNT
accuracy stated in the Contract Particulars,
Any payment of moneys under clause 12.8 is not
the rate will only apply to the quantities within those limits of accuracy and quantities outside those
(a) evidence of the value of work or that work has been satisfactorily carried out in
limits of accuracy will:
accordance with the Contract;
(d) if so instructed by the Contract Administrator, be carried out by the Contractor as
(b) an admission of liability; or
daywork; or
(c) approval by the Owner or the Contract Administrator of the Contractor's performance
(e) otherwise have their value determined by:
or compliance with the Contract,
(i) agreement between the Contractor and the Contract Administrator; or
but is only to be taken as payment on account.
(ii) failing agreement,' the Contract Administrator using reasonable rates.

Im PAYMENT CLAIMS
(gm UNFIXED GOODS AND MATERIALS
Unfixed goods and materials will not be included in the value of work in a payment statement under
The Contractor must give the Contract Administrator claims for payment on account of the
clause 12.7 unless:
Contract Price and any other amounts payable by the Owner to the Contractor under the Contract
(a) the Contractor gives the Contract Administrator with its payment claim under clause 12.6:
(a) at the times stated, or upon completion of the milestones described, in the Contract
(i) additional Approved Security equal to the payment claimed for the unfJXed goods and
Particulars;
materials; and
(b) within the times required by clauses 12.13 and 12.15;
{ii) such evidence as may be required by the Contract Administrator that title to the
(c) in the format the ·contract Administrator reasonably requires;
unfixed goods and materials will vest in the Owner upon payment;
(d) which include the evidence reasonably required by the Contract Administrator of the
value of work completed in accordance with the Contract and the amount claimed; and
(b) the unfixed goods and materials are clearly marked as the property of the Owner and are
(e) which are based on the Priced Bill of Quantities, the Cost Schedule or the Schedule of
on the Site or available for immediate delivery to the Site; and
Rates to the extent these are relevant.
(c) the unfixed goods and materials are properly stored in a place approved by the Contract
Administrator.
The Contractor cannot include in any payment claim under this clause 12.6, a Claim which is barred
by clause 16.5. ·
Upon payment of a payment statement which includes unfixed goods and materials, title in the
unfixed goods and materials will vest in the Owner.
IEfl PAYMENT STATEMENTS

The Contract Administrator must within the time period stated in the Contract Particulars of
IFJIII RELEASE OF ADDITIONAL
receiving a payment claim under clause 12.6 give the Contractor and the Owner a payment
APPROVED SECURITY
statement which sets out the Contract Administrator's determination as to:
(a) the value of work completed in accordance with the Contract; If the Contractor has given the Owner additional Approved Security for payment for unfixed goods and
(b) the amount already paid to the Contractor; materials, the Owner must release it to the Contractor once those goods and materials are incorporated
into the Works.
(c) the amount the Owner is entitled to retain under clause 4.1; and
(d) the amount then payable by the Owner to the Contractor on account of the Contract
Price and otherwise under the Contract, BfJ CONDITIONS PRECEDENT
together with the reasons for any difference in the amount set out as then payable from the amount
in the Contractor's payment claim. The Owner is not obliged to make a payment under clause 12.8 unless the Contractor has:
(a) provided the Owner with Approved Security for the amount (if any) required under clause 4.1;
The issue of a payment statement by the Contract Administrator does not constitute approval of (b) effected the insurance required by clause 5.5 and (if requested) provided evidence of this
any work nor will it be taken as an admission or evidence that the part of the Works covered by the to the Contract J:dministrator; · ··
payment statement has been satisfactorily carried out in accordance with the Contract. (c) complied with its'programming ob)igations under clause 10.2;
{d) completed the bill of quantities (if any) as required by clause 12.3 and this has been
Ill;) PAYMENT approved by the Contract Administrator; and
(e) complied with clause 12.20.
Subject to clauses 12.12 and 12.19, the Owner must within the time period stated in the Contract
Particulars of receiving a payment statement under clause 12.7, pay the Contractor the amount set out lillJ COMPLETION PAYMENT CLAIM
as then payable in the payment statement, less any amounts disclosed as unpaid under clause 12.20. AND NOTICE

The Owner is not obliged to pay any amounts disclosed as unpaid under clause 12.20 until the Within 28 days after the issue of a Notice of Completion for the Works or a Stage the Contractor
Contractor produces evidence to the reasonable satisfaction of the Contract Administrator that the must give the Contract Administrator:
amounts have been paid to the relevant persons. (a) a payment claim which must include all amounts which the Contractor claims from the
• Owner on account of the Contract Price or otherwise under the Contract; and
(b) notice of any other amounts which the Contractor claims from the Owner,

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12.13 - 12.16 12.16 - 12.20

in respect of any fact, matter or thing arising out of, or·in any way in connection with, the (b) in the case of a Stage, occurred during the Defects Liability Period for the Stage, insofar as
Contractor's Activities or the Contract which: the fact, matter or thing relates to the Stage,
(c) in the case of the Works, occurred prior to the Date of Completion of the Works; or except for any Claim included in a payment claim or notice under clause 12.15 which is given to the
(d) in the case of a Stage, occurred prior to the Date of Completion of the Stage, insofar as Contract Administrator within the time required by, and in accordance with the terms of, clause 12.15.
the fact, matter or thing relates to the Stage.

The payment claim and notice required under this clause 12.13 are in addition to the other notices
BB INTEREST
which the Contractor must give to the Contract Administrator under the Contract in order to
preserve its entitlements to make any such Claims. The Owner will pay simple interest at the rate stated in the Contract Particulars on any:
(a) amount which has been set out as payable by the Contract Administrator in a payment
Without limiting the previous paragraph, the Contractor cannot include in this payment claim or statement under clause 12.7, but which is not paid by the Owner within the time required
by the Contract; and
notice any Claims which are barred by clause 16.5.
(b) damages (excluding any agreed damages payable under clause I0.11).

iDII RELEASE AFTER COMPLETION This will be the Contractor's sole entitlement to interest including damages for loss of use of, or the
PAYMENT CLAIM AND NOTICE cost of borrowing, money.

After the date for submitting the payment claim and notice under clause 12.13 has passed, the
Contractor releases the Owner from any Claim in respect of any fact, matter or thing arising out of,
(DEi CORRECTION OF PAYMENT STATEMENTS
or in any way in connection with, the Contractor's Activities or the Contract which:
The Contract Administrator may, in any payment statement:
(a) in the case of the Works, occurred prior to the Date of Completion of the Works; or
(a) correct any error in any previous payment statement; and
(b) in the case of a Stage, occurred prior to the Date of Completion of the Stage, insofar as
(b) modify any previous payment statement,
the fact, matter or thing relates to the Stage,
issued by the Contract Administrator.
except for any Claim included in a payment claim or notice under clause 12.13 which is given to
the Contract Administrator within the time required by, and in accordance with the terms of,
clause 12.13. lilE RIGHT OF SET-OFF

The Owner may deduct from moneys otherwise due to the Contractor:
IOI) FINAL PAYMENT CLAIM AND NOTICE
(a) any debt or other moneys due from the Contractor to the Owner; and
(b) any claim to money which the Owner may have against the Contractor whether for
Within 28 days after the end of the Defects Liability Period for the Works or a Stage the
damages (including liquidated damages) or otherwise,
Contractor must give the Contract Administrator:
whether under the Contract or otherwise at law relating to the Works.
(a) a payment claim which must include all amounts which the Contractor claims from the
Owner on account of the Contract Price or otherwise under the Contract; and
(b) notice of any other amounts which the Contractor claims from the Owner, If.Im] PAYMENT OF WORKERS AND
in respect of any fact, matter or thing arising out of, or in any way in connection with, the SUBCONTRACTORS
Contractor's Activities or the Contract which:
(c) in the case of the Works, occurred during the Defects Liability Period for the Works; or The Contractor must with each payment claim under clause 12.6 _provide the Contract
(cl) in the case of a Stage, occurred during the Defects Liability Period for the Stage, insofar as Administrator with:
the fact, matter or thing relates to the Stage. (a) a statutory declaration, together with any supporting evidence which may be reasonably
required by the Contract Administrator, duly signed by the Contractor or, where the
The payment claim and notice required under this clause 12.15 are in addition to the other notices Contractor is a corporation, by a representative of the Contractor who is in a position to
which the Contractor must give to the Contract Administrator under the Contract in order to know the facts declared, that, except to the extent disclosed in. the statutory declaration
preserve its entitlements to make any such Claims. (such disclosure t.i specify all relevant amounts, workers and subcontractors):
(i) all workers "-''ho have at any time been employed by the Contractor on the
Without limiting the previous paragraph, the Contractor cannot include in this payment claim or Contractor's Activities have at the date of the payment claim been paid all moneys due
notice any Claims which are barred by clause 16.5. and payable to them in respect of their employment on the Contractor's Activities; and
(ii) all subcontractors have been paid all moneys due and payable to them in respect of
If.Im RELEASE AFTER FINAL PAYMENT CLAIM the Contractor's Activities; and
AND NOTICE
(b) documentary evidence that, except to the extent otherwise disclosed (such disclosure to
specify all relevant amounts and workers), as at the date of the payment claim, all workers
After the date for submitting the payment claim and notice under clause 12.15 has passed, the
who have been employed by a subcontractor of the Contractor have been paid all moneys
Contractor releases the Owner from any Claim in respect of any fact, matter or thing arising out of,
due and payable to them in respect of their employment on the Contractor's Activities.
or in any way in connection with, the Contractor's Activities or the Contract which:
(a) in the case of the Works, occurred during the Defects Liability Period for the Works; or

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13.1 -13.5 13.5 - 13.8

13 COMPLETION
ID) CONTRACTOR TO NOTIFY including the obligation of the Contractor to achieve Completion of the Works or the
relevant Stage of which the area being occupied or used forms part by the relevant Date
The Contractor must give the Contract Administrator written notice 28 days, and then again I4 for Completion.
days, before it anticipates achieving Completion of the Works or a Stage.
Im EFFECT OF NOTICE OF COMPLETION
IJE CONTRACT ADMINISTRATOR
A Notice of Completion will not:
z TO INSPECT
(a) constitute approval by the Owner of the Contractor's performance of its Contract
z
0 obligations; 0
The Contract Administrator must: j::
j::
...
LU
CL.
(a) promptly, and in any event no later than 14 days after receiving the Contractor's second
written notice under clause 13.1 or a notice under the final paragraph of this clause 13.2
(as the case may be), inspect the Works or the Stage; and
(b)

(c)
be taken as an admission or evidence that the Works or the Stage complies with the
Contract; or
prejudice any rights or powers of the Owner or Contract Administrator.
...
LU
CL.
~ (b) If satisfied that Completion has been achieved, issue a notice to the Owner and the ~
0
u
Contractor:
(i) stating the date upon which the Contract Administrator determines Completion was
liE LIQUIDATED DAMAGES 0
u
achieved; and If the Date of Completion of the Works or a Stage has not occurred by the Date for Completion
(ii) containing a list of any minor Defects of the type described in paragraph (a) of the for the Works or the Stage the Contractor must pay liquidated damages at the rate specified in the
definition of "Completion" in clause 1.1; or Contract Particulars for every day after the Date for Completion until the Date of Completion or
the Contract is terminatedi whichever is first.
(c) if not satisfied that Completion has been achieved, issue a notice so advising the
Contractor and the Owner. This amount is an agreed genuine pre-estimate of the Owner's damages if the Date of Completion
does not occur by the Date for Completion.
If the Contract Administrator issues a notice under paragraph (c) the Contractor must proceed to
bring the Works or the Stage to Completion and thereafter when it considers it has achieved The amount payable under this clause 13.7 will be a debt due from the Contractor to the Owner.
Completion it will give-the Contract Administrator written notice to that effect after which this
clause 13.2 will reapply. • IIE BONUS
(IR UNILATERAL ISSUE OF
COMPLETION NOTICE
If at any time a notice required to be given by the Contractor to the Contract Administrator under
either of clauses 13.1 or 13.2 is not given by the Contractor yet the Contract Administrator is of
the opinion that Completion of the Works or a Stage has been achieved, the Contract
Administrator may issue a Notice of Completion under clause I3.2(b) for the Works or the Stage.

Ill] TAKE OVER UPON COMPLETION

Upon the issue of a Notice of Completion:


(a) the Contractor must hand over the Works or the Stage to the Owner; and
(b) the Contractor must correct all minor Defects listed in the Notice of Completion as
soon as possible after the Date of Completion.
l
Ill] PART OF THE WORKS OR A STAGE
The Owner may, after written notice is given to the Contractor by the Contract Administrator,
occupy or use any part of the Works or a Stage although the whole of the Works or the Stage has
not reached Completion.

If any such notice is given by the Contract Administrator:


(a) the Owner must allow the Contractor reasonable access to the part of the Works or the
Stage referred to in the notice and being occupied or used by the Owner, to enable the
Contractor to bring the Works or the relevant Stage of which the area being occupied or
used forms part to Completion; and
(b) this will not otherwise limit or affect the obligations of the parties under the Contract,

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14.1-14.5 14.5- 14.9

14 TERMINATION

illJ PRESERVATION OF RIGHTS The Contractor may at any time it sees fit remove a suspension under this clause 14.5 after which
clause I0.12{b) will apply.
Subject to clause 14.7, nothing in this clause 14 or that a party does or fails to do pursuant to this
clause 14 will prejudice the right of that party to exercise any right or remedy (including recovering
damages) which it may have where the other party breaches {including repudiates) the Contract.
Im OWNER'S ENTITLEMENTS AFTER
TERMINATION

z (IE CONTRACTOR DEFAULT Subject to clause 14.1, if the Owner terminates the Contract under clause 14.5 or if the Contractor z
0 The Owner may give a written notice under clause 14.4 to the Contractor, if the Contractor:
repudiates the Contract and the Owner otherwise terminates the Contract: 0
(a) the Owner will:
~z (a) does not commence the Contractor's Activities in accordance with the requirements of
the Contract;
{i) be entitled to take over and use, or require the Contractor to remove from the Site,
~
-
~
ei=:
(b)

(c)
suspends the Contractor's Activities in breach of clause 10.12 or otherwise does not
proceed with the Contractor's Activities regularly and diligently;
fails to provide security as required by clause 4. I;
the Plant, Equipment and Work and all materials, equipment and other things
intended for the Works;
(ii) be entitled to require the Contractor to novate to the Owner or the Owner's
nominee, any or all subcontracts between the Contractor and its subcontractors as
-~
z

w (d) fails to effect, have in place or otherwise maintain or provide evidence of, insurance as required by the Owner; w
I- required by clause 5.5 or 5.7; (tii) not be obliged to make any further payments to the Contractor, including any money
I-
(e) fails to use the materials or standards of workmanship required by the Contract; the subject of a payment claim under clause 12.6 or a payment statement under
(f) does not comply with any Direction of the Contract Administrator made in accordance clause 12.7; and
with the Contract; or (tv) be entitled to recover from the Contractor any costs, losses or damages incurred or
(g) is otherwise In substantial breach of the Contract. suffered by it as a result of, or arising out of, or in any way in connection with, such
termination; and
0 OWNER DEFAULT
(b) the Contractor must immediately hand over to the Owner all copies of:
The Contractor may give a written notice under clause 14.4 to the Owner, if the Owner: {i) documents provided by the Owner under clause 6.1; and
(a) fails, for the eeriod stated in the Contract Particulars, to provide the Contractor with (ii) Design Documentation prepared by the Contractor to the date of termination
access to the Site as required by clause 2.2(a); {whether complete or not).
(b) fails to pay the Contractor an amount due and payable under the Contract; or
(c) fails to appoint a person to act as the Contract Administrator. llli CONTRACTOR'S ENTITLEMENTS AFTER
TERMINATION
IIEI CONTENTS OF NOTICE OF DEFAULT
If the Contractor terminates the Contract under clause 14.5 or if the Owner repudiates the
A notice under this clause 14.4 must state: Contract and the Contractor otherwise terminates the Contract, the Contractor will:
(a) that it is a notice under clause 14.4; (a) be entitled to claim damages; and
{b) the breach relied upon; and (b) not be entitled to a quantum meruit.',
(c) that the party giving the notice requires the other party to remedy the breach within 21
days of receiving the notice. This clause 14.7 will survive the termination of the Contrac,t.

B TERMINATION FOR INSOLVENCY 11D TERMINATION FOR CONVENIENCE


OR BREACH

If:
(a) an Insolvency Event occurs to a party, or where a party comprises 2 or more persons, to
any one of those persons; or
(b) a party does not remedy a breach of Contract the subject of a notice under clause 14.4
within 21 days of receiving the notice under clause 14.4,
then:
(c) where that party is the Contractor, the Owner may by written notice to the Contractor
terminate the Contract; or
(d) where that party is the Owner, the Contractor may by written notice to the Owner:
(i) suspend the whole or any part of the Contractor's Activities; and
IIE COSTS
{ii) if within 21 days of the date of this suspension the Owner fails:
(A) to remedy the breach; or
(B) if the breach is not capable of remedy or in the case of an Insolvency Event, to
make arrangements satisfactory to the Contractor,
terminate the Contract.

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Jr
15.1 - 15.5.

15 DISPUTES

lill NOTICE OF DISPUTE


If a dispute or difference arises between the Contractor and the Owner or between the Contractor
and the Contract Administrator in respect of any fact, matter or thing arising out of, or in any way
in connection with, the Contractor's Activities, the Works or the Contract, or either party's
conduct before the Contract, the dispute or difference must be determined in accordance with the
procedure in this clause I 5.

Where such a dispute or difference arises, either party may give a notice in writing to the Contract
Administrator and the other party specifying:
(a) the dispute or difference;
(b) particulars of the party's reasons for being dissatisfied; and
(c) the position which the party believes is correct.

IIE EXPERT DETERMINATION

If the dispute or difference is in relation to a Direction of the Contract Administrator under one of
the clauses referred to in the Contract Particulars the dispute or difference must, if it is not
resolved within I 4 days after a notice is given under clause I 5.1, be submitted to an expert
determination.

6 THE EXPERT

The expert determination under clause I 5.2 is to be conducted by:


(a) the independent industry expert specified in the Contract Particulars; or
(b) where:
(i) no such person is specified; or
(ii) the Independent industry expert specified in the Contract Particulars or an
independent industry expert otherwise appointed under this clause 15.3:
(A) is unavailable;
(B) declines to act;
(C) does not respond within 14 days to a reque$t by one or both parties for advice
as to whether he or she is able to conduct the determination; or
(D) does not make a determination within the time required by clause I5.8,
an independent industry expert appointed by the person specified in the Contract
Particulars.

Im NOT ARBITRATION

An expert determination conducted under this clause I 5 is not an arbitration and the expert is not
an arbitrator. The expert mar reach a decision from his or her own knowledge and expertise.
• .>

& PROCEDURE FOR DETERMINATION


The expert will:
(a) act as an expert and not as an arbitrator;
(b) proceed in any manner he or she thinks fit;
(c) conduct any investigation which he or she considers necessary to resolve the dispute or
difference;
(d) examine such documents, and interview such persons, as he or she may require; and
(e) make such directions for the conduct of the determination as he or she considers
necessary.
I

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15.12-15.15

Im DISCLOSURE OF INTEREST (b) the dispute or difference for which the notice under clause IS.I has been given does not
relate to a Direction of the Contract Administrator under one of the clauses referred to
The expert must in the Contract Particulars,
(a) disclose to the parties any interest he or she has in the outcome of the determination; the dispute or difference is to be referred to the persons described in the Contract Particulars who
must:
and
(b) not communicate with one party to the determination without the knowledge of the other. (c) meet and undertake genuine and good faith negotiations with a view to resolving the
dispute or difference; and
(d) if they cannot resolve the dispute or difference, endeavour to agree upon a procedure to IA
lmfl COSTS resolve the dispute or difference.
II.I
I-
:::,
Each party will: Q.
IDI)
(a)
(b)
bear its own costs in respect of any expert determination; and
pay one-half of the expert's costs.
ARBITRATION

If the persons described in the Contract Particulars cannot resolve, or agree upon a procedure to
-
en
Q

Im CONCLUSION OF EXPERT
resolve, the dispute or difference within 21 days after the giving of the notice under clause 15.1 or
clause 15.10 (whichever is the later), or within such longer period of time as these persons may
DETERMINATION agree in writing, the dispute or difference will be referred to arbitration.

Unless otherwise agreed between the parties, the expert must notify the parties of his or her The arbitration will be conducted before a person to be:
decision upon an expert determination conducted under this clause 15 within 28 days from the (a) agreed between the parties; or
acceptance by the expert of his or her appointment. (b) failing agreement within 28 days after the giving of the notice under clause JS.I or clause
15.10 (whichever is the later), appointed by the person specified in the Contract Particulars.
Im AGREEMENT WITH EXPERT
To the extent that they are not inconsistent with the Contract, the Rules for the Conduct of
The expert will not be liable to the parties arising out of, or in any way in connection with, the Commercial Arbitration of The Institute of Arbitrators and Mediators Australia will apply to the
expert determination process, except in the case of fraud. arbitration.

The parties must enter intp an agreement with the appointed expert on the terms prescribed by the The arbitrator will have power to grant all legal, equitable and statutory remedies and to open up,
Contract Particulars or such other terms as the parties and the expert may agree. review and substitute any determination of an expert under clause 15.10.

lmJ DETERMINATION OF EXPERT lmJ SURVIVE TERMINATION


The determination of the expert: This clause 15 will survive the termination of the Contract.
(a) must be in writing;
(b) will be:
(!) substituted for the relevant Direction of the Contract Administrator; and
1110 CONTINUATION OF WO,RKS
(ii) final and binding, Despite the existence of a dispute or differen_ce between the parties the Contractor must
unless a party gives notice of appeal to the other party within 21 days of the determination; (a) continue to carry out the Contractor's Activities;,and · ··
and (b) otherwise comply with its obligations under the Contract.

(c) is to be given effect to by the parties unless and until it is reversed, overturned or
otherwise changed under the procedure in the following clauses.
!
IDJI ARBITRATION AGREEMENT . ·'

If:
(a) notice of appeal is given under clause 15.10; or
I (b) the dispute or difference does not relate to a Direction of the Contract Administrator
1,
11 under one of the clauses referred to in the Contract Particulars,
'1 the dispute or difference must be determined by arbitration in accordance with the following clauses.
I
I lilfl EXECUTIVE NEGOTIATION

If:
(a) a notice ofappeal is given under clause 15.1 0; or

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16.4-16.8

16 NOTICES

ll:I) NOTICE OF VARIATION ial CONTINUING EVENTS

If a Direction by the Contract Administrator, other than a "Variation Order" under clause 11.2, If the Direction or fact, matter or thing upon which the Claim under clause 16.1 (b) or clause 16.2 is
constitutes or involves a Variation, the Contractor must, if it wishes to make a Claim against the based or the consequences of the Direction or fact, matter or thing are continuing, the Contractor
U) must continue to give the information required by clause l6.3(b) every 28 days after the written U)
Owner arising out of, or in any way in connection with, the Direction:
LLI LU
u (a) within the time specified in the Contract Particulars of receiving the Direction and before
commencing work on the subject matter of the Direction, give notice to the Contract
Claim under clause 16.1 (b) or l 6.3(b) (as the case may be) was submitted or given to the Contract
Administrator, until after the Direction or fact, matter or thing upon which the Claim is based has,
u
i= Administrator that ft considers the Direction constitutes or involves a Variation; or the consequences thereof have, ceased. i=
0 (b) within the time specified in the Contract Particulars of giving the notice under paragraph 0
z (a), submit a written claim to the Contract Administrator which includes the details Im TIMEBAR z
required by clause I6.3(b); and
(c) continue to carry out the Contractor's Activities in accordance with the Contract and all If the Contractor fails to comply with clauses 16.1, 16.2, 16.3 or 16.4:
Directions of the Contract Administrator, including any Direction in respect of which (a) the Owner will not be liable (insofar as it is possible to exclude such liability) upon any
notice has been given under this clause 16. I. Claim by the Contractor; and
(b) the Contractor will be absolutely barred from making any Claim against the Owner,
IDfJ NOTICES OF OTHER CLAIMS arising out of, or in any way in connection with, the relevant Direction or fact, matter or thing (as
the case may be) to which clause 16.1 or 16.2 applies.
Except for claims for:
(a)
(b)
an extension of time under clause I0.6;
payment under clause 12.6 of the original Contract Price specified in the Contract
Im OTHER PROVISIONS UNAFFECTED
Particulars; or Nothing in clauses 16.1-16.5 will limit the operation or effect of any other provision of the Contract
(c) a Variation instructed in accordance with clause 11.2 or to which clause 16. I applies, which requires the Contractor to give notice to the Contract Administrator in order to preserve an
the Contractor must give the Contract Administrator the notices required by clause 16.3 if it wishes entitlement to make a Claim against the Owner.
to make a Claim against the Owner in respect of any Direction by the Contract Administrator or
any other fact, matter or thing (including a breach of the Contract by the Owner) under, arising out
of, or in any way in connection with, the Contractor's Activities or the Contract, including anything
ilWJ ADDRESS FOR SERVICE
in respect of which:
Any notice to be given or served under or arising out of a provision of this Contract must be in
(d) it is otherwise given an express entitlement under the Contract; or
writing and delivered by hand or sent by prepaid post or facsimile, as the case may be, to the
(e) the Contract expressly provides that:
relevant address or facsimile number:
(i) specified costs are to be added to the Contract Price; or
(a) stated in the Contract Particulars; or
(ii) the Contract Price will be otherwise increased or adjusted,
(b) last notified in writing to the the party giving the notice,
as determined by the Contract Adminstrator.
for the party to whom or upon which the notice is to be given or served.

lal PRESCRIBED NOTICES


D3 DEEMED RECEIPT
The notices referred to in clause 16.2 are:
A notice delivered or sent in accordance with clause 16.7 will be deemed to have been given and
(a) a written notice within the time specified in the Contract Particulars of the first
received:
occurrence of the Direction or other fact, matter or thing upon which the Claim is based,
(a) if delivered, upon receipt;
expressly specifying:
(b) if posted, 3 days afq,~ posting; and
(i) that the Contractor proposes to make a Claim; and
(c) if sent by facsimile transmission, upon confirmation of correct transmission of the facsimile.
(ii) the Direction or other fact, matter or thing upon which the Claim will be based; and

(b) a written Claim within the time specified in the Contract Particulars of giving the written
notice under paragraph (a), which must include:
(i) detailed particulars concerning the Direction or other fact, matter or thing upon
which the Claim is based;
(ii) the legal basis for the Claim, whether based on a term of the Contract or otherwise,
and if based on a term of the Contract, clearly identifying the specific term;
(iii) the facts relied upon In support of the Claim in sufficient detail to permit verification;
and
(iv) details of the amount claimed and how it has been calculated.

@ Copyright. Subject to conditions of use. © Copyright. Subject to conditions of use.


CLAUSE 1 CLAUSE l

CONTRACT PARTICULARS Contract Administrator:


(Clause I.I)

Contract Price is: (a) a lump sum of _ _ _ _ _ _ _ _ ; and


(Clause I.I)
(b) where a Schedule of Rates exists, the
amount calculated by multiplying the
quantity of work carried out which is
covered by the Schedule of Rates by the
rate or price in the Schedule of Rates for
that work,.

neither of which is, unless elsewhere stated, subject to


rise and fall in costs.

Contractor:
(Clause I.I)

Contractor's Representative:
(Clause I.I)
Completion - Conditions
Precedent to Completion:
(Clause I.I)

Cost Schedule:
(Clause I.I)

1''

Date for Completion: Where there are no Stages, for the Works is:
(Clause I .I)

,(
••>
Where there are Stages, for each Stage is:

Stage Date for Completion


Contract · Other Documents
forming part of the Contract:
(Clause I.I)

© Copyright. Subject to conditions of use. © Copyright. Subject to conditions of use.


CLAUSES l -2

Defects Liability Period: Stages of the Works:


(Clause I.I) (Clause I.I)

,I Owner: (I)
I (I)
IX
(Clause I.I) IX
-,( -,(
....
:::,
...I
:::,
I u u
~
l

~ Owner's Risks: Works:


(Clause I.I) (Clause I.I)
~ t:.
r
I'
i
I-
u
.~

I-
z
Works Description:
(Clause I.I)
I-

~
I-
z
0 0
u u
Provisional Sum Work: Work or Goods Amount
(Clauses I.I, 8.10, 8.11 and 8.12)
$-----
$ _ _ _ __

$ _ _ _ __

$-----
$ _ _ _ __

Total:
$ _ _ _ __
@f411).i#J COMMENCEMENT

Schedule of Rates: Date for Commencement on Site:


(Clause I.I) (Clauses 2.l(b) and 2.2(a)0i))
,f
.,

Preconditions to Site Access:


(Clause 2.2(a)(i))

Site:
(Clause I.I)

© Copyright. Subject to conditions of use. © Copyright. Subject to-conditions of use.


CLAUSES 3-4 CLAUSES 4-5

I
r
tiJf;.i41#J PERSONNEL

~
Stage Amount
Contractor's Key People:
(Clause 3.6(a))

Person Position

..,~ I
::::,
@f+1U141 RISKS AND INSURANCE u
~
Insurance Policies Required
to be Effected by the Owner:
~
(Clause 5.4)
t
~
@jf.fi1J.1=li SECURITY 1-
z
0
Security to be Provided
u
Amount and Form:
by the Contractor: Security is required for
(Clause 4.1) as follows:
Insurance Policies Required Works Insurance
(a) Approved Security for _ _ _ _ _ _ ; and to be Effected by the Contractor:
(Clause 55(a)) Amount of Cover:
(b) Retention of
(a) $
If security is required in the form of retention, the
maximum percentage of each payment under clause (the Contract Price if no amount is specified);
12.8 which may be retained:
(b) • $ _ _ _ _ _ _ _ or _ _ _ _ %
of the Contract Price to cover the costs of
demolition and removal of debris;

( I 0% until amount of security required has been $ _ _ _ _ _ _ _ or _ _ _ _ %


retained unless otherwise stated) (c)
of the Contract Price to cover the Owner's
consultant fees;
I
Option for Release of Security:
(d) $ _ _ _ _ _ _ _ _ _ for the value
(Clause 4.2) . (Option I applies unless otherwise stated)
of materials or things to be supplied by the
If Option 2 applies amount of security for each Stage is: Owner; and

Stage Amount
(e) _ _ _ _ % of the total amounts in (a) to
(d) to cover escalation costs.

I!
I
I
© Copyright. Subject to conditions of use. © Copyright. Subject 10 conditions of use. :;
II
CLAUSES 5 - 6 CLAUSES 6- 8

Public Liability Insurance Order of Precedence of


Contract Documents in
the Case of any Ambiguity,
Amount of Cover:$ _ _ _ _ _ _ _ _ _ _ __ Discrepancy or Inconsistency:
in respect of any one occurrence. (Clause 6. I0(a))

Workers Compensation Insurance


"'
~
<(
..a
Amount of Cover:$ _ _ _ _ _ _ _ _ _ _ __ ::>
u
Professional Indemnity Insurance ~

Amount of Cover:$ _ _ _ _ _ _ _ _ _ _ __
(Only complete this if Professional Indemnity Insurance
is required)
g
1-
Land to which Owner has Procured z
Access for Contractor other 0
Period for Maintenance of ________ years than the Site: u
Professional Indemnity Insurance: (Clause 7.8)
(Clause 5.7(c))

(ejf,jlf.11'.3 DESIGN AND DOCUMENTATION

Documents and Number of Copies Document Copies Stages for Which Release Required:
to be Provided by the Owner (Clause 7.8(d))
to the Contractor:
(Clause 6.1)

..,
l
CONSTRUCTION
Number of Copies of Design
Documentation to be Submitted · Existing Approvals and Other
by the Contractor to the Owner: Approvals Which the Owner
(Clause 6.5) is to Obtain:
(Clause 8.3)

Option for Owner's


Intellectual Property Rights (Option I applies unless otherwise stated) Statutory Requirements which
in the Design Documentation the Contractor does not Need
Prepared by Contractor: to Comply with:
(Clause 6.8) (Clause 8.3(a))

© Copyright. Subject to conditions of use. © Copyright. Subject to conditions of use.


CLAUSES 8. 9

Work Which Requires Work Tenderers


Approval to Subcontract
or Which Must be Let to
One of the Named
Subcontractors:
(Clause 8.5)

Work Subcontractors

Stages for Which


Warranty Required:
(Clause 8.6)

Percentage for Additional Profit


and Attendance for Provisional
Sum Work Exceeding Provisional
Sum Allowance by 20%:
(Clause 8.12)

Warranties Required to be Stages for Which Survey Required


Procured by the Contractor as Condition Precedent
from Subcontractors and to Completion:
Provided to the Owner: (Clause 8.15)
(Clause 8.6)

Option for Responsibility for


Preparation of Design for
Provisional Sum Work: (Option I applies unless otherwise stated) Working Hours for
(Clause 8.8) Contractor's Activities on Site:
(Clause 8.24)
,!
Contractor to Invite Tenders
for Provisional Sum Work from
the Following Tenderers: @h•MM QUALITY
(Clause 8.9(a)(i))

Work Tenderers Reference Development for


Purpose of Determining
Minimum Standards for
Workmanship and Materials:
(Clause 9.1)

© Copyright. Subject to conditions of use. © Copyright. Subject to conditions of use.


CLAUSES 9 - l 0 CLAUSES 10-12

Quality Assurance System to be


Implemented by Contractor:
(Clause 9.2)

Period by Which Defects Liability


Period will be Extended _____________ %
"'<(
~
Following Rectification ofa Percentage of Extra Costs

...
::::,
Defect or Completion of a
Variation to Overcome a Defect:
(Clause 9.1 I)
Reasonably Incurred Due to
Acceleration:
(Clause I0.1 S(b)(ii))
(5% unless otherwise stated)

V
~
i t!lt4•MW111 TIME @JAU1=iii VARIATIONS
I-

~1- Maximum Intervals Between


Program Updates by Contractor:
(Clause I0.2(b))
Percentage Adjustments for
Valuing a Variation:
(Clause I l.3(b), I l.3(c) and 11.6(1))
% of amount
determined for off-site overheads and profit

z
0 % of amount
V determined for non-time related on-site overheads and
Causes of Delay Entitling
Contractor to Claim an preliminaries
Extension of Time:
(Clauses I0.S(a) and I0.7(c)(i))
Percentage of Wages: %
(Clause I 1.6(b))

@t+1!fi=itJ PAYMENT

Limits of Accuracy for Upper Limit:


Quantities in Schedule of ,Rates: ( 115% unless otherwise stated)
(Clause 12.S(c)) •-'

Lower Limit:
(85% unless otherwise stated)

Times for Submission of Payment Monthly on the _ _ _ _ _ _ day of each month


Claims by the Contractor to
Contract Administrator: OR
(Clause I2.6(a))

© Copyright. Sub/ect to conditions of use. © Copyright. Subject to conditions of use.


CLAUSES 12 - 13 CLAUSES 13 - 15

Completion of the following milestones:

t
< C •• - •• _ • .: • ._ .''

13.;nusJo,: Early Completi~n: .. ··· ..


(':=la.tise.(3.8) . . ....

Time for Provision of Payment


Statements by Contract
Administrator Following
Receipt of a Payment Claim: (14 days unless otherwise stated)
(Clause 12.7)

Time for Payment by Owner


following Receipt of a
Payment Statement: [llf4iJ.i:ili TERMINATION
(Clause 12.8) ( 14 days unless otherwise stated)

Delay by Owner in Providing


Access Which Will Entitle (90 days unless otherwise stated)
Interest Rate on Overdue Contractor to Give a
Payments: Notice Under Clause 14.4:
(Clause 12.17) (Clause 14.3)

@t4U1:IIU COMPLETION

Liquidated Damages Payable by If there are no Stages, for the Works is:
Contractor when Date of
Completion Occurs after $ per day
Date for Completion:
(Clause 13.7) If there are Stages, for each Stage is:

Stage Liquidated Damages

per day
@f+u).,a1oj DISPUTES
per day

per day Directions to be Subject of an Directions under clauses:


Expert Determination if Disputed:
per day (Clause 15.2)

per day

© Copyright. Subject to conditions of use. © Copyright. Subject to conditions of use.


CLAUSES 15 - 16 CLAUSE 16

Time for Claims: days

~
(Clauses 16.l(b) and 16.3(b)) (21 days if not otherwise stated).

Address and Facsimile Number, Owner:


for the Giving or Serving of
en en ·.
a:: Notices, upon:
a:: '
...
-<(
::,
Industry Expert Who Will
Conduct Expert Determinations:
(Clause ls:3(a))
(Clause 16.7)

~ I
u u
~ ~
£ Nominating Authority for
£
g
Expert and Arbitrator:
(Clauses IS.3(b)and 15.13(b)) I-

~1-
(The President for the time being of The Institute of Contract Administrator:
Arbitrators and Mediators Australia unless otherwise
1- stated)
z z
0 0
u Terms of Agreement Between u
Expert, Contractor and Owner:
(Clause 15.9)

Representatives for Executive


Negotiations for Resolution of Owner: Contractor:
Disputes and Differences:
(Clause I5.12)

Contractor:

,f

@t•)•)..i:ird NOTICES

Time for Initial Notices: days


(Clauses 16.1 (a) and I6.3(a)) (7 days if not otherwise stated)

© Copyright. Subject to conditions of use.


© Copyright.· Subject to conditions of use.
PC-1 CONTRACT INDEX
Clause
Acceleration Owner's obligations 2.2
by Contractor, effect of 10.4 Common law rights of Owner
generally 10.15 Defects
10.13 9.12
instruction termination
10.'!6 14.1
liquidated damages, effect on
partial 10.14 Completion
condition precedent to 7.8(d), 8.6, 8. I5, 8.19
Access Contractor's obligation 10.l(b)
- see Site Date for, meaning of 1.1, Contract Particulars
Act of Prevention Date of, meaning of I.I
><
ILi.i
effect
meaning of
10.5, I0.7(c)
I.I
delayed by breach of Contract by Owner
early, bonus for
10.11
13.8 ><
ILi.i
early, bonus for, whether applicable 13.8, Contract Particulars
Q Address for service 16.7 Q

-....
meaning of I.I
z Ambiguities in documents 6.10 Notice of - see Notice of Completion
notice of anticipation of 13.1
z
.... Approval
generally 8.3, Contract Particulars
occupation by Owner prior to
payment claim
13.5
12.13

~D- ~D-
meaning of I.I release of Owner on 12.14
Approved Security take over by Owner upon 13.4
additional for unfixed goods & materials 12.10,1211 unilateral issue by Contract Administrator of Notice of 13.3
amount required 4.1, Contract Particulars Confidentiality l,3(g)
z meaning of
provision of
I.I
4.1 Construction z
0 - see also Security Contractor's obligation 8.1 0
u u
-u
Inspection of, by Contract Administrator 9.3
Arbitration
....• agreement for
expert detenn1nation, distinguished from
15.11
15.4
occupational health, safety and rehabilitation requirements
quality of
safety In carrying out
8.17
9.1
8.16 I
u
Q..
generally
remedies
15.13
15.13 Continuation of work during dispute IS.IS
Q..
Assignment by Contractor 1.3(c) Contra proferentem l.2(i)
Award Date Contract
meaning of I.I entire agreement l.3(d)
law governing l.3(a)
Awards meaning of 1.1, Contract Particulars
Industrial 3.8(b) prior agreement. effect on l.3(d)
Bank guarantee termination of - see Ter-mination
- see Security Contract Administrator
Bankruptcy access to site, right of 7.6(b)
- see Insolvency Event appointment of, Owner default 14.3(c)
approval of proposed tenderers for Provisional Sum Work 8.9(a)Qi)
Bill of Quantities approval of rates and prices in bill of quantfdes 12.3(c)
completion of 12.3 approval of subcontract for Provisional Sum Work 8.9(a)(ii)
completion of, condition precedent to payment 1212(d) approval required for documentation program 6.2(b)
generally 12.2 approval required to replace Key People 3.6
whether applicable 12.2, Contract Particulars approval required to subcontract 8.S(a)Qi)
- see also Priced Bill of Quantities Design Documentation, review of 6.3
Bonus Date determination by, change or variance in Statutory Requirement 8,4(e)
meaning of I.I determination by, cost of Variation ll.3(b)
whether applicable I. l. Contract Particulars determination by, costs following tennination for convenience 14.9
determination by, extension of time 10.8
Bonus for early completion determination by, extra costs for delayed access 23(b)
generally 13.8 determination by, price adjusttnent for Provisional Sum Work 8.ll(b)(il)
whether app!icable 13.8, Contract Particulars determination by, price adjustment for acceptance of defective work 9.10
determination by, release security 4.2
Breach of Contr-act determination by, Variation requested by Contractor 11.9
Contractor default 14.2 generally 3.1
termination for 14.S(b) inspection by, on Completion 13.2
Building Code of Australia 9.l(c) 9.3
:~:r~:~~ b[y, ~:c::rerate Contractor's Activities 10.13
By-laws instruction by, ambiguity in documents 6.IO(d)
- see Statutory Requirements instruction by. change in Statutory Requirement or variance with Contract 8.4(d)
Care of the Works instruction by, Defects 9.6
deaning up 8.19 instruction by, program requirements I0.2(a)
urgent protection 8.21 instrucdon by, Provisional Sum Work 8.7
- see also Loss or damage instruction by, tendering Provisional Sum Work 8.9(d)
instruction by, testing 9.4(b)
Claim instruction by, valuable objects 8.22(c)
insurance - see Insurance instruction by, Variation Order 11.2
notice of, generally 16.2 meaning of 1.1, Contract Particulars
notice of, content required 16.3 replacement of 3.2
release of Owner on Completion payment claim 12.14 representative of 3.4
re[ease of Owner on final payment claim 1216 Variation Price Request, issued by II.I
suspension, barred I0.12(b)(IH) written consent, insurance cancelled, varied or lapsed 5.S(e)(iv)
time bar 165 written notice, Completion 13.2
- see also Payment written notice, delegation 3.4(a)
Cleaning up 8.19 written notice, removal of persons 3.7
written nodce, Variation request I I.I
Commencement - see also Direction
Contractor default 14.2(a)
Contractor's obligation 21, 6.3 Contract documents
delayed 23 - see Documents

,1
Contt"act Particulars - see also Defects Liability Period
meaning of I.I Defects Liability Period
end of 12.15
Contract Price extension of 9.11
adjustment of, delayed access 2.3(b) insurance until expiration of
8.4(e) 5.7(b)
adjustment of, change or variance in Statutory Requirement meaning of
8.7(a), 8.11, 8.12 I.I, Contract Particulars
adjustment of, Provisional Sum Work risk of loss or damage, effect on 5.1
adjustment of, tendered Provisional Sum Work 8.10 security, release of
8.22 4.2
adjustment of, valuable objects
adjustment of, acceptance or correction of Defect or Variation 9.8, 9.9, 9.10 Definitions
><
w
adjustment of, Variation
meaning of
11.3
1.1, Contract Particulars
- see Glossary of terms
Delay
><
w
payment of 12.1
Q breach of Contract by Owner, damages for 10.11 Q
z Contractor
assignment by l.3(c)
breach of Contract by Owner, damages for,
whether applicable I 0.1 I, Contract Particulars
-z
g
employees of - see Industrial relations, Personnel, Workers by Owner, access to Site 2.3

~
indemnities by 5.1, 5.2, 6.9, 7.8(c) entitling Clatm 10.5
meaning of I.I, Contract Particulars - see also Extension of time
obligations generally 2.1 Design
representative of 3.5 Contractor's obligations
warranty by, Design Documentation 6.6 6.2
t- warranty by, informed self 7.1
Contractor's warranty 6.6 t-
z warranty by, no reliance on bill of quantities
warranty by, no reliance on non-Contract Information
12.2
7.7
- see also Design Documentation
Design Documentation
z
0 ambiguities between Contract and 6.10 0
u u
...
I
Contractor's Activities
meaning of
Contractor's Representative
I.I
availability of
construction in accordance with
c;opiesof
6.7
8.1
6.5
...
I
u generally
meaning of
3.5
l. l, Contract Particulars
copyright in
licence to use
6.8
6.8 u
£1.
£1. meaning of I.I
Co-operation preparation of 6.2(a)
between Contractor and Owner 3.3 Provisional Sum Work, for
8.13 8.8
w!th Other Contractors review of 6.3, 6.4
Copyright 6.8, 6.9 submission to Contract Administrator 6.2(c)
termination, hand over on 14.6(b)(li)
Cost Schedule
meaning of ~ I, I, Contract Particulars Design, registered 6.9
payment claim to be based on 12.6(e) Direction
Variation valuation I 1.3(b) change manner of work or cease working 8.16
Damages compliance with 8.l(c)
Agreed 10.11 compliance with, Contractor default 14.2(d)
Contractor's entitlement on termination 14.7 Contractor's Representative, to, deemed to be given to Contractor 3.5
Interest on 12.17 dispute as to 15.2
set-off by Owner 12.19 meaning of I.I
oral/written 3.1
Date for Completion which constitutes a Varlation 16.I
actual Contract Particulars
meaning of I.I Dispute
arbitratlon 15.13
Date of Completion arbitration agreement 15.11
meaning of I.I continuation of work 15.15
executive negodatlon 15.12
Day expert determination of 15.2
Interpretation l.2(k),(I), (m) notice of IS.I
Daywork termination, survival of provisions 15.14
generally 11.5 - see also Arbitration, Expert determination
llmits of accuracy of Schedule of Rates exceeded, where 12.5 Documents
order for I l.2(c) ambiguities in 6.10
valuation of 11.6 provision of, by Owner 6.1
Death of, or injury to, persons 5.2(b) termination, hanfover on 14.6(b)Q)
Debt due Early occupation • ) 135
Contractor to Owner 5.6, 8.23, 12.19, 13.7 Employees
Contractor to Owner, set-off ~y Owner 12.19 - see Industrial relations, Personnel, Workers
Default by Contractor Entire Agreement l.3(d)
Owner may act 8.23
Environment 8.20
Default notice
Contractor In default 14.2 Executive negotiation 15.12
generally 14.4 Expert determination
Owner in default 14.3 agreement with expert 15.9
Defect appointment of expert 15.3
acceptance of 9.6(c), 9.10 arbitration, distinguished from 15.4
common law rights of Owner not affected by 9.12 communication with one party only 15.6(b)
correction after Completion 13.4 conclusion of 15.8
correction of 9.6(a), 9.7, 9.8 costs 15.7
generally 9.6 disclosure of interest 15.6
meaning of I.I effect of 15.10
price adjustment 9.8, 9.9, 9.10 generally 15.2
quality assurance system no defence to liability 9.2(c)(lv) procedure for 15.5
Variation to overcome 9.6(b), 9.7, 9.9 writing requirement 15.IO(a)
Extension of time Latent Conditions
acceleration. effect on entitlement to I0.13(b). 10.14, 10.15 extra costs 7.4(b)
claim for 10.6 extension of time 7.4(a)
conditions precedent to 10.7 generally 7.3
delayed access to Site 2.3(a) meaning of I.I
entltlementto 10.5 provisions, whether applicable 7.3, Contract Particulars
generally 10.8 Law governing the Contract
7.4(a) l.3(a)
Latent Conditions
reduction in 10.9 Limits of accuracy
time program. effect on 10.2 Schedule of Rates 12.5
><
w
unilateral, by Contract Administrator
Variation to overcome Defect
10.10
9.9(a)(II), 9.9(b)f,ii) Liquidated Damages
acceleration, effect on Owner's entitlements
><
II.I
10.16
Q Extra costs generally 13.7 Q
z acceleration
Owner liable, acceleration
J0.J5(b)
J0.15(b)
rate
set-off by Owner
13.7, Contract Particulars
12.19
z
8.4(e)

g
Owner liable, change in Statutory Requirement
Owner liable, correction of Defect or Variation 9.8, 9.9(a)(i)
2.3(b)
Loss or damage I-

~1-
Owner liable, delayed access insurance see Insurance
M

Owner liable, interest 12.17 procedure upon 5.9

... Owner liable, Latent Condition 7.4(b) reinstatement of 5.3


Owner liable, Provisional Sum Work 8.12 reinstatement of, payment for 5.9(b)(Ji)
Owner llab!e, suspension I0.12(b)(i)(A) risk of, generally 5.1
z Owner liable, testing
Owner liable, valuable object found on Site
9.5
8.22
risk of, Owner's property
risk of, third parties
5.2(a)
5,2(b)
z
0 payment of 121(b) 0
u Materials
u
....
I
J=acsimile
nodce sent by, deemed receipt
number for service
16.8
16.7, Contract Particulars
quality
unfixed goods and
9.l(b)
12.10 ...
I

u Glossary ofter-ms I.I


Negotiation, executive
Notice
15.12
u
0.
0.
Governing law l.3(a) delivered, deemed receipt 16.8
faxed, deemed receipt 16.8
Illegal provision in Contract l.3(Q of anticipation of Completion 13.1
lndelllnity of appeal from expert determination 15.J0
by Contractor, extra land procured 7.8(c) of Claim, content required 16.3
by Contractor, insurance risk 5.1. 5.2· of Claim, generally 16.2
by Contractor, intellectual property 6.9 of Completion, Contractor's obligations 13.4
survival of, despite termination of Contract l.3(h) of Completion, effect of 13.6
of Completion, generally 13.2
Industrial relations of Completion, insurance 5.7(a)
Contractor's obligations 3.8 of Completion, meaning of I.I
occupational health, safety and rehabilitation 8.17 of Completion, risk of loss or damage, effect on 5.1
workers, payment of 1220 of Completion, security, release of 4.2(a)
Inform Contract Administrator of Completion, unilateral issue by Contract Administrator 13.3
Contracter's obligation to. industrial relations 3.B(c) of Default by Contractor 14.2
Contractor's obligation to, insurance event 5.5(e)(v) of Default by Owner 14.3
Contractor's obligation to, ambiguity in documents 6.I0(c) of dispute or difference 15.1
Contractor's obligation to, occupatlonaJ health, safety and rehabilitation 8.17(b) of latent Condltions 7.3
Contractor's obligation to, valuable object found on Site 8.22(a) of Variation 16.I
posted, deemed receipt 16.8
Inform Owner service. address for 16.7
Contractor's obligation to, insurance 5.8 Occupation by Owner
Inform self early 13.5
Contractor's obligation to 7.1 Occupational health, safety and rehabilitation 8.17
Information Omission
Contractor's nonMreliance on 7.7 Direction for 11.4
Site 7.2 - see also Variations
Insolvency Event Order of precedenp 6.1 O(a), Contract Particulars
effect of 14.5
meaning of I.I Other Contractor"
Contractor's obffgitions in respect of 7.6
Inspection co-operation with 8.13
Contract Administrator, by 9.3 meaning of I.I
Insurance omissions, engagement to carry out 11.4
Contractor, by 5.4(b),5.5 Owner's right to engage 7.5
Contractor, failure to effect 5.6 Provisional Sum Work, engagement to carry out 8.7(b)
excess, Contractor to bear 5.4(c) Overheads 11.3
Joint names, rn 5.10
notice of potential claim 5.8 Owner
Owner, by 5.4 action where Contractor defaults 8.23
period of 5.7 consent required before assignment by Contractor l.3(c)
provision of, condition precedent to payment 1212(b) meaning of l. I, Contract Particulars
settlement of claim 5.9(b) waiver by l.3(b)
Intellectual property 6.9 warranty by 7.2(a)
Interest Owner's Risk
on amounts payable to Contractor 1217 effect of 5.1. 5.2, 5.3
meaning of I.I
Interpretation 1.2
Patent 6.9
Key people 3.6
Payment Retention monies

t
claims for 12.6 amount required 4.1, Contract Particulars
Completion, claim for 12.13 Review
condition precedent to 12.12 construction, of
effect of 12.9 9.3
Design Documentation, of 6.3, 6.4
final, claim for 12.15
generally 12.8 Safety
interest on amounts due 12.17 generally 8.16
Owner default 14.3(b) occupational health, safety and rehabilitation 8.17
Owner's obligation 12.1 Schedule of Rates
><
I.I.I
Owner's obligation, termination, effect on
set-off, right of
14.6(a)(m)
12.19
Contract Price, calculation of
generally
1.1, Contract Particulars
12.4
><
I.I.I
statement, correction of. 12.18
Q limits of accuracy 12.5 Q

-u
statement, generally 12.7
z termination, effect on
termination for convenience, entitlement
14.7
14.9
meaning of
payment claim to be based on
1.1, Contract Particulars
12.6(e) z
unfixed goods and materials 12.10 Security
I- I-
u - see a[so Extra costs
Personal injury
additional for unfixed goods and matertals
form
12.I0(a)(i), 12.11
4.1, Contract Particulars

~
5.2(b)
~
Interest on 4.3(a)
Personnel ;, provision of, condition precedent to payment
release of
12.12(a)
I- injury to or death of 5.2(b) 4.2 I-
z key people
removal of
3.6
3.7
release of additional Approved Security
trust, not held on
12.11
4.3(b) z
0 workers, payment of 12.20 Service 0
u
-u -
u
- see also lndustrfal relations address for 16,7, Contract Particulars
Plant, Equipment and Work Set-off
I cleaning up 8.19 Owner's right I
8.18 12.19

0..
generally
loss or damage, reinstatement of 5.3 Setting out 8.14 u
loss or damage, risk of 5.1 Severance of Contract provisions
0..
meaning of I.I 1.3(~
Site
Pollution 8,20(a)(ii) access, delayed 2.3
Post access, early occupation by Owner 13.5
notice sent by, deemed receipt 16.8 access, for commencement 2.2
access, generally 7.5, 7.6
Priced Bill of Quantities access, Owner default
meaning of I.I 14.3(a)
extra land required by Contractor 7.8
payment claim to be based on 12.6(e) information
Variation valuation I 1.3(b) 7.2
meaning of I. I, Contract Partlculars
- see also Bill of Quantities valuable objects found on or In 8.22
Prior agreement Stage
effect or l.3(d) meaning of 1.1, Contract Particulars
Professional Indemnity Insurance Standards Australia
generally 5.S(a), 5.7(c), Contract Particulars 9.l(c)
meaning of I.I Statutory Requirements
change in 8.4
Program environment
condition precedent to payment 12.12(c) 8.20(a)(i)
generally 8.3
documentation 6.2(b) interpretation
effect on Contractor's obligations 10.3 1.2(h)
meaning of 1.1
generally 10.2 occupational health, safety and rehabilitation 8.17
Progress Subcontractors
Contractor default 14.2(b) environment
Contractor's obligation 10.l(a) 8.20(a)Qii)
generally 8.5
Proper law of the Contract l.3(a) insurance claims, notification of potential claim 5.8(c)
meaning of l.2(o)
Property novation
loss or damage, risk of 8.5(d), 14.6(a)(ii)
5.2(a) occupational health, safety and rehabilitation 8.17(a)(ii)
Provisional Sum Work payment or r 12.20
design for 8.8 payment of, com,ition precedent to payment 12.12(e)
generally 8.7 Provisional Sum Work 8.9
meaning of 1.1, Contract Particulars vicarious liability for 8.5(c)
price adjustment, non-tendered work 8.11, 8.12 warranties to be procured from 8.6
price adjustment, tendered woi-k 8.10, 8.12 workers compensation insurance 5.5(b}
tendering 8.9 Survey
Public Liability Insurance generally 8.15
generally 5.S(a), 5.7(b), Contract Particulars setting out, in connection with 8.14
meaning of I.I Suspension
Quality assurance 9.2 ~y Contractor 14.5(d)(i)
by Owner 10.12
Quality wrongful, by Contractor
Contractor default 14.2(e) 14.2(b)
generally 9.1 Tenants
Contractor's obligation in respect of 7.6(a)
Quantum meruit 14.7(b)
Termination
Release of Owner common law rights preserved
Completion, on 14.1
12.14 Contractor's entitlements 14.7
convenience, for 14.8
convenience, for, costs 14.9
convenience, for, whether applicable 14.8, Contract Particulars
default notice, circumstances entitling issue of 14.2, 14.3
default notice, generally 14.4
dispute resolution provisions, survival of 15.14
generally 14.5
indemnity, effect on l.3(h)
licence to use Design Documentation survives 6.8
liquidated damages, effect on 13.7
><
w
Owner's entitlements after
Testing
14.6

C costs of 9.5

-ti
z generally
Time bar for Claims
Trademark
9.4
16.5
6.9
Unenforceable provision l.3(fj
~ Unfixed goods and materials
....
z
loss or damage, reinstatement of
loss or damage, risk of
generally
5.3
5.1
12.10
0 termination for convenience., payment for 14.9(a)(,Q
u Urgent protection 8.21
.... Valuable objects found on or in Site 8.22

u' Variation
Contractor's request, approval 11.9
C. Contractor's request, determination by Contract Administrator 11.8
Contractor's request, generally 11.7
cost of 11.3
Defect, to overcome 9.6(b), 9.7, 9.9
meaning of I.I
notice of 16.1
omissions 11.4
"Order", ienerally 11.2
"Order", cofnpliance with 8.l(c)
"Price Request'', generally I I.I
Provisional Sum Work 8.I0(b)
Provisional Sum Work. valued as 8.11
reinstatement of loss or damage 5.3
valuation 11.3
where no "Variation Order" 16.1
Void provision l.3(fj
Waiver
Owner, by l.3(b)
Warranty
by Contractor, Design Documentation 6.6
by Contractor, inform self 7.1
by Contractor, no reJiance on bill of quantities 12.2
by Contractor, no reliance on Owner Information 7.7
by Owner, Site information 7.2(a)
by subcontractor 8.6
Workers
payment of 12.20
payment of, condition precedent to payment 12.12(e)
Workers Compensation Insurance
generally 5.5(a), 5.7(b), Contract Pacticulars J'
meaning of I.I
Working hours 8.24, Contract Particulars
Workmanship
quality 9.l(a)
Works
loss or damage, reinstatement of 5.3
loss or damage, risk of 5.1
meaning of I.I, Contract Particulars
Works Description
meaning of I.I, Contract Particulars
Works Insurance
ge.neraUy 5.5(a), 5.7(a), 5.9(b), Contract Particulars
meaning of I.I

Design by Kirk Palmer Design, Sydney.


Contract documents cover photographs courtesy of industry sources, and Mirvac Ltd.
Printed by National Capital Printing, Canberra.