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AS 4903-2000

[Current]

Subcontract conditions for design and construct

Sets out general conditions of subcontract for design and construct. The Standard is part of the suite of contract conditions based on AS 4000-1997 and is suitable for design and construct, design development and construct and design novate and construct project procurement methods.
Published: 27/12/2000
Pages: 75
Table of contents
Cited references
Content history
Table of contents
Header
About this publication
Preface
1 Interpretation and construction of Subcontract
2 Nature of Subcontract
2.1 Performance and payment
2.2 Subcontractor’s warranties
2.3 Warranties unaffected
2.4 Bill of quantities
2.5 Priced bill of quantities
2.6 Quantities
2.7 Adjustment for actual quantities
3 Provisional sums
4 Separable portions
5 Security
5.1 Provision
5.2 Recourse
5.3 Change of security
5.4 Reduction and release
5.5 Trusts and interest
5.6 Deed of guarantee, undertaking and substitution
6 Evidence of Subcontract
7 Service of notices
8 Subcontract documents
8.1 Discrepancies
8.2 Main Contractor-supplied documents
8.3 Subcontractor-supplied documents
8.4 Availability
8.5 Confidential information
∗8.6 Media
9 Assignment and secondary subcontracting
9.1 Assignment
9.2 Secondary subcontracting generally
9.3 Selected secondary subcontract work
9.4 Novation
9.5 Subcontractor’s responsibility
10 Intellectual property rights
10.1 Warranties and indemnities
10.2 Intellectual property rights granted to Main Contractor and Principal
11 Legislative requirements
11.1 Compliance
11.2 Changes
12 Protection of people and property
13 Urgent protection
14 Care of the work and reinstatement of damage
14.1 Care of WUS
14.2 Reinstatement
14.3 Excepted risks
15 Damage to persons and property other than WUS
15.1 Indemnity by Subcontractor
15.2 Indemnity by Main Contractor
16A Insurance of the Subcontract Works
16B Professional indemnity insurance
17 Public liability insurance
18 Insurance of employees
19 Inspection and provisions of insurance policies
19.1 Proof of insurance
19.2 Failure to produce proof of insurance
19.3 Notices from or to insurer
19.4 Notices of potential claims
19.5 Settlement of claims
19.6 Cross liability
20 Subcontract Superintendent
21 Subcontract Superintendent’s Representative
22 Subcontractor’s representative
23 Subcontractor’s employees and secondary subcontractors
24 Site
24.1 Access and non-exclusive possession
24.2 Access for Main Contractor and others
24.3 Minerals, fossils and relics
25 Latent conditions
25.1 Scope
25.2 Notification
25.3 Deemed variation
26 Setting out the Subcontract Works
26.1 Setting out
26.2 Errors in setting out
26.3 Care of survey marks
27 Cleaning up
28 Materials, labour and construction plant
29 Quality
29.1 Quality of material and work
∗29.2 Quality assurance
29.3 Defective work
29.4 Acceptance of defective work
29.5 Timing
30 Examination and testing
30.1 Tests
30.2 Covering up
30.3 Who conducts
30.4 Notice
30.5 Delay
30.6 Completion and results
30.7 Costs
31 Working hours
32 Programming
33 Suspension
33.1 Subcontract Superintendent’s suspension
33.2 Subcontractor’s suspension
33.3 Recommencement
33.4 Cost
34 Time and progress
34.1 Progress
34.2 Notice of delay
34.3 Claim
34.4 Assessment
34.5 Extension of time
34.6 Practical completion
34.7 Liquidated damages
34.7A Indemnity
34.8 Bonus for early practical completion
34.9 Delay damages
35 Defects liability
36 Variations
36.1 Directing variations
36.2 Proposed variations
36.3 Variations for convenience of Subcontractor
36.4 Pricing
37 Payment
37.1 Progress claims
37.2 Certificates
37.3 Unfixed plant and materials
37.4 Final payment claim and certificate
37.5 Interest
37.6 Other moneys due
38 Payment of workers, Subcontractor’s consultants and secondary subcontractors
38.1 Workers, Subcontractor’s consultants and secondary subcontractors
38.2 Withholding payment
38.3 Direct payment
39 Default or insolvency
39.1 Preservation of other rights
39.2 Subcontractor’s default
39.3 Main Contractor’s notice to show cause
39.4 Main Contractor’s rights
39.5 Take out
39.6 Adjustment on completion of work taken out
39.7 Main Contractor’s default
39.8 Subcontractor’s notice to show cause
39.9 Subcontractor’s rights
39.10 Termination
39.11 Insolvency
40 Termination by frustration
41 Notification of claims
41.1 Communication of claims
41.2 Liability for failure to communicate
41.3 Subcontract Superintendent’s decision
42 Dispute resolution
42.1 Notice of dispute
42.2 Conference
42.3 Arbitration
42.4 Main contract arbitrator
42.5 Main contract dispute affecting the Subcontract
42.6 Summary relief
43 Waiver of conditions
44 Services and facilities
44.1 Provision of services and facilities
44.2 Compliance
44.3 Additional services or facilities
Part A
Part B
Part C
Part D
Part E
Amendment control sheet
AS 4903—2000
Amendment No. 1 (2005)
† Index
Cited references in this standard
Content history
DR 98019