General conditions of contract Based upon (AS 2124 – 1992 ...

1 Version 7 Energex Limited amended and reproduced under copyright Licence 1105-c027 Page 1 AS 2124 1992 with AS 2125 1992 AS 2127 1992 (Incorporating Amendment No. 1) Australian Standard General conditions of contract Based upon (AS 2124 1992) (AS 2125 1992) (AS 2127 1992) This document is Based on Standards Australia Ltd coprighted material that is distributed by SAI Global Ltd on Standards Australia Ltd s behalf. It may be reproduced and modified in accordance with the terms of SAI Global Ltd s Licence 1105-c027 to Energex Limited ( the Licensee ). All amended, marked-up and licensed copies of this document must be obtained from the Licensee.

2 Standards Australia Ltd s copywright material is not for resale, reproduction or redistribution in whole or in part without written permission from SAI Global Ltd: tel +61 2 8206 6355 or Construction Energex Limited amended and reproduced under copyright Licence 1105-c027 Page 2 This Australian Standard was prepared by Committee OB/3, General conditions of contract . It was approved on behalf of the Council of Standards Australia on 24 December 1992 and published on 31 December 1992. The following interests are represented on Committee OB/3: Australian Chamber of Commerce and Industry Australian Electrical and Electronic Manufacturers Association Australian Federation of Construction Contractors Australian Institute of Project Management Australian Institute of Purchasing and Supply Management Australian Institute of Quantity Surveyors Australian Mining Industry Council Austroads Construction Industry Engineering Services Group Electricity Supply Association of Australia Institution of Engineers Australia Law Council of Australia Master Builders Construction and Housing Association of Australia Metal Trades Industry Association of Australia National Public Works Council Process Engineers and Constructors Association Railways of Australia Committee Royal

3 Australian Institute of Architects The Association of Consulting Engineers Australia Keeping Standards up-to-date Standards are living documents which reflect progress in science, technology and systems. To maintain their currency, all Standards are periodically reviewed, and new editions are published. Between editions, amendments may be issued. Standards may also be withdrawn. It is important that readers assure themselves they are using a current Standard, which should include any amendments which may have been published since the Standard was purchased. Detailed information about Standards can be found by visiting the Standards Australia web site at and looking up the relevant Standard in the on-line catalogue.

4 Alternatively, the printed Catalogue provides information current at 1 January each year, and the monthly magazine, The Australian Standard, has a full listing of revisions and amendments published each month. We also welcome suggestions for improvement in our Standards, and especially encourage readers to notify us immediately of any apparent inaccuracies or ambiguities. Contact us via email at or write to the Chief Executive, Standards Australia International Ltd, GPO Box 5420, Sydney, NSW 2001. This Standard was issued in draft form for comment as DR 92053. Version 7 Energex Limited amended and reproduced under copyright Licence 1105-c027 Page 3 AS 2124 1992 with AS 2125 1992 AS 2127 1992 (Incorporating Amendment No.)

5 1) Australian Standard General conditions of contract Based upon (AS 2124 1992) (AS 2125 1992) (AS 2127 1992) COPYRIGHT Standards Australia International All rights are reserved. No part of this work may be reproduced or copied in any form or by any means, electronic or mechanical, including photocopying, without the written permission of the publisher. Published by Standards Australia International Ltd GPO Box 5420, Sydney, NSW 2001, Australia ISBN 0 7337 8083 6 AS 2124 1992 2 Energex Limited amended and reproduced under copyright Licence 1105-c027 Page 2 PREFACE These editions of AS 2124, AS 2125 and AS 2127 (bound together) were prepared by the Standards Australia Committee on General conditions of contract .

6 While these are the latest editions, the 1986 editions remain as current Standards, the 1981 editions remain as available superseded Standards and the 1978 editions are withdrawn. This Standard incorporates Amendment No. 1 (October 2000). The changes required by the Amendment are indicated in the text by a marginal bar and amendment number against the clauseClause, note, table, figure, or part thereof affected. In the preparation of this edition of AS 2124, recommendations contained in the report by the National Public Works Conference/National Building and Construction Council Joint Working Party publication NO DISPUTE (May 1990) have been taken into account. Clauses prefixed by an asterisk are optional, and may be omitted in the contract as necessary, without making consequential amendments; but such omission should be clearly shown on the face of the contract by striking out these clauses or indicating clearly elsewhere that they are not to apply.

7 The attention of users of this Standard is drawn to the separate document Doc 2124N, Notes on changes in the General conditions of contract 4th edition (AS 2124 1992) as compared with the 3rd edition (AS 2124 1986) which indicates the changes of major importance which have been made in the 1992 edition. WARNING: Users of this Australian Standard are warned that Clause 17 (damage to persons and property) does not limit the liability of parties for special, indirect or consequential losses. This unlimited liability overrides any limitations or exclusions permitted under Insurance Clauses 18 (Insurance of the Works) and 19 (Public Liability Insurance). Parties wishing to limit their liability should seek insurance and legal advice before entering a contract under this Standard.

8 WA R N I N G Legislation has come into force in some jurisdictions dealing with security of payments. Parties intending to use this Standard should seek expert advice as to their rights and obligations under such legislation. A1 3 AS 2124 1992 Energex Limited amended and reproduced under copyright Licence 1105-c027 Page 3 CONTENTS Page 1 CONSTRUCTION OF contract .. 6 2 INTERPRETATION .. 6 3 NATURE OF contract .. 13 4 BILL OF QUANTITIES .. 18 5 SECURITY, RETENTION MONEYS AND PERFORMANCE UNDERTAKINGS 20 6 EVIDENCE OF contract .

9 24 7 SERVICE OF NOTICES .. 25 8 contract DOCUMENTS .. 25 9 ASSIGNMENT AND SUBCONTRACTING .. 30 10 SELECTED AND NOMINATED SUBCONTRACTORS .. 32 11 PROVISIONAL SUMS .. 36 11A ADDITIONAL PROVISIONAL SUM OBLIGATIONS 36 11B RATED PROVISIONAL SUMS 36 12 LATENT 37 13 PATENTS, COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS 39 13A RIGHTS TO INTELLECTUAL PROPERTY 39 14 STATUTORY REQUIREMENTS .. 40 14A GST 47 14B QBSACC LICENSING REQUIREMENTS 49 14C REQUIREMENTS OF RELEVANT DOCUMENTS 49 14D CONTRACTOR'S METHODOLOGY AND RESOURCING DOCUMENTS 50 14E CONTRACTOR'S MANAGEMENT PLANS 51 14F DILAPIDATION SURVEY 52 14G CONTRACTOR'S RESPONSIBILITIES REGARDING EXISTING IMPROVEMENTS 53 14H PPSA 56 15 PROTECTION OF PEOPLE AND PROPERTY.

10 58 16 CARE OF THE WORK AND REINSTATEMENT OF DAMAGE .. 58 17 DAMAGE TO PERSONS AND PROPERTY OTHER THAN THE WORKS .. 60 18 INSURANCE OF THE WORKS .. 60 18A INSURANCE OF MOTOR VEHICLES 61 18B TRANSIT INSURANCE 61 19 PUBLIC LIABILITY INSURANCE .. 62 20 INSURANCE OF EMPLOYEES .. 62 21 INSPECTION AND PROVISIONS OF INSURANCE POLICIES .. 63 22 CLERK OF WORKS AND INSPECTORS .. 65 23 SUPERINTENDENT .. 65 AS 2124 1992 4 Energex Limited amended and reproduced under copyright Licence 1105-c027 Page 4 23A PRINCIPAL'S AND SUPERINTENDENT'S DISCRETIONS 67 24 SUPERINTENDENT'S REPRESENTATIVE.