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AS 2124+2125+2127-1992
$131.13
General conditions of contract (AS 2124-1992) together with General conditions of tendering and form of tender (AS 2125-1992) Form of formal instrument of agreement (AS 2127-1992)
Comprises a single set of General Conditions of Contract suitable for a wide variety of civil engineering, building, electrical and mechanical engineering and other types of engineering and construction contracts. This contract has a companion document AS 2545, specially prepared for subcontract use. AS 2125 includes appropriate conditions of tendering and a form of tender. AS 2127 comprises a form of formal instrument of agreement. AS 2124/A, AS 2124/B, AS 2125 and AS 2127 are also available separately in Word format for license from Standards Australia.
Table of contents
Header
About this publication
Preface
1 Construction of Contract
2 Interpretation
3 Nature of Contract
3.1 Performance and Payment
3.2 Quantities
3.3 Adjustment for Actual Quantities—Schedule of Rates
4 Bill of Quantities
4.1 Purpose of the Bill of Quantities
4.2 Pricing and Lodgement
4.3 Errors in Pricing
4.4 Errors in Bills of Quantities
5 Security, retention moneys and performance undertakings
5.1 Purpose
5.2 Provision of Security
5.3 Form of Security
5.4 Time for Lodgement of Security
5.5 Recourse to Retention Moneys and Conversion of Security
5.6 Substitution of Security for Retention Moneys
∗5.7 Reduction of Security and Retention Moneys
5.8 Release of Security
5.9 Interest on Security and Retention Moneys
5.10 Deed of Guarantee, Undertaking and Substitution
6 Evidence of Contract
6.1 Contract in Absence of Formal Instrument of Agreement
6.2 Formal Instrument of Agreement
7 Service of notices
8 Contract documents
8.1 Discrepancies
8.2 Dimensions
8.3 Supply of Documents by Principal
8.4 Supply of Documents by Contractor
8.5 Availability of Documents
8.6 Confidential Information
∗8.7 Media Releases
9 Assignment and subcontracting
9.1 Assignment
9.2 Subcontracting
9.3 Contractor’s Responsibility
10 Selected and Nominated Subcontractors
10.1 Definitions
10.2 Selected subcontract
10.3 Nominated Subcontract
10.4 Provisions Applying Generally to Selected and Nominated Subcontract Work
∗10.5 Direct Payment of Nominated Subcontractor
10.6 Termination of Nominated Subcontract
11 Provisional sums
12 Latent Conditions
12.1 Definition
12.2 Notification
12.3 Extension of Time and Cost
12.4 Time Bar
13 Patents, copyright and other intellectual property rights
14 Statutory requirements
14.1 Complying with Statutory Requirements
∗14.2 Payment Where There is No Variation
14.3 Notices and Fees
14.4 Documents Evidencing Approvals of Authorities
15 Protection of people and property
16 Care of the work and reinstatement of damage
16.1 Care of the Work Under the Contract
16.2 Reinstatement
16.3 Excepted Risks
17 Damage to persons and property other than the works
17.1 Indemnity by Contractor
17.2 Indemnity by the Principal
18 Insurance of the works
19 Public Liability Insurance
20 Insurance of employees
21 Inspection and provisions of insurance policies
21.1 Proof of Insurance
21.2 Failure to Produce Proof of Insurance
21.3 Notices from or to the Insurer
21.4 Notices of Potential Claims
21.5 Settlement of Claims
21.6 Cross Liability
22 Clerk of works and inspectors
23 Superintendent
24 Superintendent’s representative
25 Contractor’s representative
26 Control of Contractor’s employees and subcontractors
27 Site
27.1 Possession of Site
27.2 Access for the Principal and Others
27.3 Delivery of Materials to and Work on Site Before Possession
27.4 Use of Site by Contractor
27.5 Finding of Minerals, fossils and Relics
28 Setting out the works
28.1 Setting Out
28.2 Care of Survey Marks
28.3 Errors in Setting Out
28.4 Survey Mark Defined
29 Materials, labour and Constructional Plant
29.1 Provision of Materials, Labour and Constructional Plant
29.2 Removal of Materials and Constructional Plant
29.3 Manufacture and Supply of Materials
30 Materials and work
30.1 Quality of Materials and Work
∗30.2 Quality Assurance
30.3 Defective Materials or Work
30.4 Variations Due to Defective Materials or Work
30.5 Acceptance of Defective Material or Work
30.6 Generally
31 Examination and testing
31.1 Superintendent May Order Tests
31.2 Covering Up of Work
31.3 Who Conducts Tests
31.4 Notice of Tests
31.5 Procedure if Tests Delayed
31.6 Results of Tests
31.7 Costs of Testing
31.8 Access for Testing
32 Working hours
33 Progress and programming of the works
33.1 Rate of Progress
33.2 Construction Program
34 Suspension of the works
34.1 Suspension by Superintendent
34.2 Suspension by Contractor
34.3 Recommencement of Work
34.4 Cost of Suspension
34.5 Effect of Suspension
35 Times for commencement and practical completion
35.1 Time for Commencement of Work on the Site
35.2 Time for Practical Completion
35.3 Separable Portions
35.4 Use of Partly Completed Works
35.5 Extension of Time for Practical Completion
35.6 Liquidated Damages for Delay in Reaching Practical Completion
∗35.7 Limit on Liquidated Damages
∗35.8 Bonus for Early Practical Completion
36 Delay or disruption costs
37 Defects liability
38 Cleaning up
39 Urgent protection
40 Variations
40.1 Variations to the Work
40.2 Proposed Variations
40.3 Pricing the Variation
40.4 Variations for the Convenience of the Contractor
40.5 Valuation
41 Daywork
42 Certificates and payments
42.1 Payment Claims, Certificates, Calculations and Time for Payment
42.2 Correction of Payment Certificates
42.3 Retention Moneys
42.4 Unfixed Plant and Materials
42.5 Certificate of Practical Completion
42.6 Effect of Certificates
42.7 Final Payment Claim
42.8 Final Certificate
42.9 Interest on Overdue Payments
42.10 Set Offs by the Principal
42.11 Recourse for Unpaid Moneys
43 Payment of workers and subcontractors
44 Default or insolvency
44.1 Preservation of Other Rights
44.2 Default by the Contractor
44.3 Requirements of a Notice by the Principal to Show Cause
44.4 Rights of the Principal
44.5 Procedure when the Principal Takes Over Work
44.6 Adjustment on Completion of the Work Taken Out of the Hands of the Contractor
44.7 Default of the Principal
44.8 Requirements of a Notice by the Contractor to Show Cause
44.9 Rights of the Contractor
44.10 Rights of the Parties on Termination
44.11 Insolvency
∗45 Termination by frustration
46 Time for notification of claims
46.1 Contractor’s Prescribed Notice
46.2 Time for Disputing Superintendent’s Direction
