7.4 Insurance by subcontractors 14 7.5 Notice of claims or occurrences 14 7.6 Contractor must not prejudice insurance 14 8 EARLY WORKS 15 9 15 10 DESIGN 15 10.1 Design Obligation 15 10.2 Design Responsibility 16 10.3 Design Documents 16 10.4 Submission of Design in Time to Allow Re-Work 16 10.5 Design Presentation 17 10.6 Design Intent 17 10.7 Design Certificate 17 11 18 12 SEPARABLE PORTIONS 18 13 PERSONNEL AND DIRECTIONS 19 13.1 Principal’s Representative 19 13.2 Compliance with directions 19 13.3 Contractor’s Representative 19 13.4 Contractor’s Key People 19 13.5 Meetings 20 14 20 14.1 Standards on Site 20 14.2 Cooperation with others 20 14.3 Employment of Persons 21 14.4 Selected Subcontract Work 21 14.5 Subcontracting 22 14.6 Record Keeping 22 14.7 Taxation 23 14.8 Breach 23 15 SITE CONDITIONS 23 15.1 Acceptance of Site Conditions 23 15.2 Notification of Latent Condition 24 15.3 Existing Services and Structures 25 15.4 Adjoining Properties 26 16 26 16.1 Workers, consultants and subcontractors 26 16.2 Direct payment 27 17 27 18 RESPONSIBILITY THE WORKS 28 18.1 Risk of Works 28 18.2 Other Risks 28 18.3 Responsibility for the Works 29 19 29 19.1 Construction 29 19.2 Contractor's Materials and Contractor's Plant 29 19.3 Quality Assurance 31 19.4 Examination and Testing 31 19.5 Non-Complying Activities Before Practical Completion 32 19.6 Commissioning and Handover 32 20 HEALTH SAFETY 33 AND AND
Item # Reference Details Contract No. [insert Contractor number] Contract Name [insert Contract name] Principal Power and Water Corporation (ABN 15 947 352 360) Address: GPO Box 1921 Darwin NT 0801 Email: [insert] Principal’s Representative (clause 13.1) Name: [insert name] Phone: [insert phone number] Email: [insert email address] Contractor [insert full name] [insert ABN/ACN] Address: [insert address] Email: [insert email] Contractor’s Representative (clause 13.3) Name: [insert name] Phone: [insert phone number] Email: [insert email address] Site (clause 2.2) [insert Site details] Conditions Precedent (clause 2.2(e)) Are there any additional Conditions Precedent to access the Site? Yes, as follows: OR No, not applicable.
Post Occupancy Evaluation (clause 38.5) Is a post occupancy evaluation required? Yes, required. OR No, not required. Intellectual Property Rights (clause 44.1) Intellectual Property Rights in Contract Material will be: licensed to the Principal (owned by the Contractor). owned by the Principal. Appointment as Principal Contractor Is the Contractor appointed as the principal contractor? Yes, Special Condition 1 applies. OR No, not applicable.
The Obligations of the Parties The Contractor agrees to perform the Contractor’s Activities in accordance with this Contract. The Principal agrees to pay the Contractor the Contract Price in accordance with this Contract. Conditions Precedent to access the Site The Conditions Precedent to access the Site are that: the Contractor has provided the proposed Contract Program; the Project Plans have been finalised and approved under clause 3.3; the Security is provided in accordance with clause 6; the Contractor provides evidence satisfactory to the Principal’s Representative that each insurance policy required under clause 7 is current; and any additional conditions set out in Item 8 have been satisfied. Principal’s Obligations Subject to clause 2.2, the Principal must give the Contractor sufficient access to the Site to allow it to commence Works on the Site on the latest of: the date specified in Item 9; 5 Business Days following the satisfaction of the Conditions Precedent; or the date stated in the Contract Program. Subject to other provisions in this Contract affecting access, the Principal must continue to allow the Contractor sufficient access to the Site to enable it to perform the Contractor’s Activities in accordance with this Contract. Conditions of Site Access Subject to satisfaction of the Conditions Precedent and the Principal granting access to the Site in accordance with clause 2.3 (which the Principal may waive in its absolute discretion), the Contractor agrees to immediately commence carrying out the Contractor’s Activities and to diligently and regularly continue to perform its obligations under this Contract. The Contractor must not enter any part of the Site not reasonably necessary for the Contractor to comply with its obligations under this Contract without the prior written consent of the Principal's Representative. Subject to any contrary express provision in this Contract or Special Condition appointing the Contractor as the principal contractor, the Contractor agrees:
delay or disruption costs, expenses or other costs related to the Latent Condition. Nothing in this clause 15.2 obliges the Principal to pay additional Direct costs to the Contractor which have already been included in any other payment under this Contract. Existing Services and Structures The : may only modify or remove existing structures or services within the in accordance with the which the Principal's Representative has given permission to use in accordance with clause 10.4(b); must obtain the written approval of the for the timing of any connection, disconnection or interference with existing structures and services; must carry out investigations to verify services locations prior to any excavations. Existing infrastructure records and information must not be taken to be complete nor accurate. Without limiting clause 15.3(a), the is responsible for the cost of any necessary repair or relocation in the event of damage; must notify the immediately on the discovery of services or obstructions not shown in the or identified by inspection; must immediately notify the in the event of damage to any water, gas, steam, compressed air, electric, drainage, sewerage, telephone, fire alarm, control cable or other services in the area. The must also, at its own cost, repair, divert, relocate, cut, seal, disconnect or make safe these services as required by any ; and must, with every care and skill, support and protect all structures, walls, fences and all services, property and existing landscaping which may, unless so protected, be damaged as a result of the Works and must comply with any of the and all relevant . Adjoining Properties In this clause 15.4 ‘adjoining property’ has the same meaning as in the Building Act (NT). In respect of all adjoining properties to the , the must: before commencement of the Activities on the : inspect the adjoining properties and make a detailed dilapidation record (including photographic evidence) of the existing conditions of the adjoining properties, especially structural defects and other damage or defacement; and make the dilapidation record available for inspection by the owner of each adjoining property or the , at the 's office;
a report on the status of all Variations (and any potential Variations); a report on the progress of the tendering procedure for the subcontracting of any part of the Works; a summary of all Claims made by the Contractor; invoicing and cash flow forecast; a report on all work health and safety matters (including matters concerning or arising out of, or in connection with, clause 20) or any other related matters as the Principal's Representative may require from time to time, including a summary of the Contractor's compliance with the WHS Legislation; and evidence of insurance policy renewals as they become due. Provision of the monthly report specified in clause 27(a) is a precondition to the Contractor's entitlement to payment under each Payment Claim. The Contractor must on request give the Principal and the Principal's Representative access to its documents and records for the purpose of verifying the information to be provided under this clause 27. The Contractor must establish and maintain any records which the Principal's Representative reasonably requires. Undertaking Provisional Sum Work The Contractor must not conduct any Provisional Sum Work, and is not entitled to payment for any Provisional Sum Work, unless the Contractor is directed to do so by the Principal's Representative. For each item of Provisional Sum Work, prior to the commencement of any item of Provisional Sum Works the Principal’s Representative will give the Contractor an instruction either deleting that item of Provisional Sum Work from this Contract or requiring the Contractor to proceed with the relevant work. The Principal may engage an Other Contractor to carry out any item of Provisional Sum Work that has been deleted under clause 28.1(b). The Principal will not be liable on any Claim by the Contractor arising out of, or in any way in connection with, the deletion of an item of Provisional Sum Work. Any Provisional Sum Work undertaken by the Contractor forms part of the Works. Price Adjustment for Other Provisional Sum Work For any direction by the to carry out an item of , the will be adjusted for the item of by the difference between: the relevant Provisional Sum allowed for the item of ; and