design management, including the system for managing drawings and changes to design communications management such as use of ‘requests for information’ (RFI) and agreed response and processing system, and the processes for the instruction of variations and documentation of agreements to, and disputing of, claims and variation prices/time evidence of each service provider’s constructed works, public liability, workers’ compensation and professional indemnity insurance cover methods used to confirm the contractor and its subcontractors are meeting employment conditions, awards and agreements site specific OHS management, including the identified hazards, significant risks, service provider’s management system/plan/SWMS, OHS inductions, and proposed inspections, reviews and surveillance the process for verifying and accepting the work, services and deliverables service provider’s quality management system/plan/ITPs, including proposed inspections, surveillance, and audits/reviews of the system/plan and its implementation service provider’s identification of, and any agreement/objection by the Principal to, proposed subcontractors/subconsultants management of contract records the interfaces with local utilities and site services service provider’s environmental management plan and waste management approach, including proposed inspections, surveillance, and reviews of the plan and its implementation community relations and public information management service provider’s electronic funds transfer details for payments procedures for managing any variations and extensions of time. 6.5 Principal contractor obligations under the Workers Compensation Act, Pay-roll Tax Act and Industrial Relations Act A Principal or agency has responsibilities as a principal contractor under s175B of the Workers Compensation Act 1987, section 31-32 of the Payroll Tax Act 2007, and section 127 of the Industrial Relations Act 1996 on entering into a contract with a service provider. The Acts hold the agency liable for the payment of a service provider’s workers’ compensation premiums, pay-roll tax and employee remuneration liabilities in certain circumstances. These risks are managed by having each service provider sign a Subcontractor’s Statement, declaring that these payments have been made, with every payment claim under the contract. This is the approach taken in the standard contract forms referred to in Section 4, though some forms require a statutory declaration instead of the Statement. The Subcontractor’s Statement form is available through WorkCover NSW.
Examples of typical causes of delay to a contractor and whether or not they may give rise to an extension of time are outlined below. Cause of delay justifying an extension of time: wet weather on a working day (as defined in the contract) wet weather on a non working day that requires up on a working day (for the delay related to clean up which would delay completion) industry-wide industrial stoppages Principal’s act or omission causing a delay, such as an untimely provision of information necessary for the contractor’s work, which delays completion by the set date for completion. Cause of delay not justifying an extension of time: wet weather on a non working day, such as a Rostered Day Off, delay to an activity that will not delay completion by a set date for completion delay notified after the designated period in which the delay must be notified an industrial dispute related only to work on the work site. concurrent delays 6.11 Contract records Accurate and orderly records are necessary to ensure effective and efficient contract management. Contract records would usually be kept that allow: accountability and openness to be clearly demonstrated the Principal and its representatives to have the information required to meet contractual obligations, and properly administer and manage the contract regular and accurate reports to management and the agency on progress and matters for attention information to be available for the assessment of claims and the resolution of claims and issues, including those in dispute. The various types of contract records include: bond or original copy of the contract documents project control records, detailing such matters as the date of the letter of award, security held, any defects liability or post completion period, any liquidated damages and other set delay payments applying, current contract price, payments made, and variations and extensions of time contract program site logbooks, instructions and memos minutes of meetings photographs correspondence and communications, and related registers including letters, facsimiles, emails, document transmittals, requests for information (RFIs) made and the responses dilapidation reports and building inspection reports