Delete paragraph (ii) and replace with the following: “(ii) if the valuation relates to costs incurred by the Contractor for delay, excluding delay caused by suspension of the Works pursuant to Clauses 34.1 or 34.2, the costs shall be assessed in accordance with the requirements of Clause 36; and". Delete/insert the last paragraph: "The Superintendent may, in respect of a variation directed under Clause 40.1, in its sole discretion and without obligation to act reasonably, allow the Contractor the reasonable cost of preparing measurements, rates and evidence of cost that has been incurred over and above the reasonable overhead cost." DAYWORK No amendment CERTIFICATES AND PAYMENTS Payment Claims, Certificates, Calculations and Time for Payment Delete “Within 14 days” in the first line of paragraph four and insert in its place “Within 10 Business Days”. Delete “28 days” in the first line of paragraph 6 and insert in its place “15 Business Days”. Add the following sentence to the end of the last paragraph of Clause 42.1: “Nothing in this Contract shall oblige the Principal to pay for work that is not in accordance with the Contract.” Unfixed Plant and Materials No amendment Certificate of Practical Completion No amendment Effect of Certificates No amendment Final Payment Claim No amendment Final Certificate No amendment Delete “Within 14 days” in the first line of the first paragraph and insert in its place “Within 10 Business Days”. Add in the first paragraph at the end of the first sentence - “or give the Contractor in writing the reasons for not issuing the certificate.” Delete the final paragraph and insert - “Subject to the Principal’s rights to set-off pursuant to clause 42.8 and to have recourse to security and retention pursuant to clause 5.6, within 28 days of the issuance of a Final Certificate which certifies a balance owing by the Principal to the Contractor, and later of: (a) the finalisation of any dispute that has been commenced in accordance with Clause 47; and
inclusive, excluding public holidays and industry rostered days off The times by, or periods within which the Superintendent is to furnish information, materials, documents or instructions to the Contractor: (Clause 33.1) INFORMATION, MATERIALS TIME/PERIOD DOCUMENTS OR INSTRUCTIONS Events causing delay: - Industrial conditions (Clause 35.5(a)(i)) - Inclement weather (Clause 35.5(a)(ii)) Applicable Applicable Rate of liquidated damages: (Clause 35.6) $ / per day (exclusive of GST) Rate of liquidated damages per day for each Separable Portion: (Clause 35.6) $ / per day (exclusive of GST) Delay and Disruption Costs - the alternative applying: (Clause 36) If nothing stated Alternative 2 The Defects Liability Period: (Clause 37) The Charge for overheads, profit, etc. for Daywork: (Clause 41(f)) 12½% Times for Payment Claims: (Clause 42.1) If nothing stated - Monthly Unfixed or Materials for which payment claims may be made notwithstanding that they are not incorporated in the Works: (Clause 42.2) The amount of additional security for unfixed plant and materials: (Clause 42.2) $ The rate of interest on overdue payments: (Clause 42.7) 10% per annum + the rate comprising the annual rate, as published from time to time by the Reserve Bank of Australia for 90 day bills current at the date the payment became due. If the Principal is a State Authority (ie not as Queensland Government Department), has the Principal decided that a project bank account is to be established (subject to the provisions of the BIF Act) (Clause 43A.1) Yes/No* (*Delete one) The delay in giving access to the Site which shall be a substantial breach: (Clause 44.7(c)) 13 weeks The in giving possession of the Site which shall be a substantial breach: (Clause 44.7) 13 The alternative required in proceeding with dispute resolution: (Clause 47.2) Alternative 2
Conditions of Contract Clause 43A SUBCONTRACTOR PAYMENT SUMMARY Contract for: Subcontractor name: ABN: Subcontractor bank account Name: ACN: BSB: Account Number: Date: Claim No. Date of subcontractor Payment Claim Amount claimed this Date certified / payment schedule Amount certified / payment schedule Date of payment instruction to financial institution Date of payment out of project bank account to subcontractor Payment instruction amount to Subcontractor Payment instruction amount to retention trust account Payment instruction amount to disputed funds trust account Note: Subcontractor Payment Summary to include for all subcontractor payment claims and all payment instructions
Conditions of Contract Clause 29.4.1 SITE PERSONNEL REGISTER Project Name: Project Location: Contractor’s Name: Project Registration Number: Name Is this person an owner/partner of an approved subcontractor/ sub subcontractor? Y or N (if N please complete the rest of the table as applicable) Is this person remunerated in accordance with an or industrial instrument? Y or N (if Y please complete column (d) and (e) only; if N complete columns (e) to (i) only) Name of award or industrial instrument? (if applicable) Name of this person’s Employer? Is a WorkCover premium paid in respect of this person? Y or N Are superannuation contributions made in respect of this person? Y or N Is tax withheld from payments made to this person? Y or N Is Payroll tax paid in respect of this person where applicable? Y or N or N/A (a) (b) (c) (d) (e) (f) (g) (h) (i) Note: If the answer to the question in column (b) is NO, the individual concerned will be considered to be a “worker” as that term is defined in the Work Health and Safety Act 2011 (Qld) and the Workers’ Compensation and Rehabilitation Act 2003 (Qld) unless evidence can be provided to the contrary.