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AS 4904-2009
[Current]Consultants agreement - Design and construct
This Standard is a standard contract between: (1) a Consultant and a Principal for the development of a preliminary design to form part of the Principal’s Project Requirements under AS 4902-2000; (2) a Consultant and a Contractor where AS 4902-2000 are the contract conditions, in conjunction with the following project procurement methods: (a) design and construct; (b) design development and construct; or (c) design, novate and construct; (3) a Consultant and a Subcontractor where AS 4903-2000 are the subcontract conditions, in conjunction with the following project procurement methods: (a) design and construct; (b) design development and construct; or (c) design, novate and construct.
Published: 20/03/2009
Pages: 45
Table of contents
Cited references
Content history
Table of contents
Header
About this publication
Preface
1 Interpretation and construction of Contract
2 Nature of Contract
2.1 Performance and payment
2.2 Consultant’s warranties
2.3 Warranties unaffected
2.4 ∗Accuracy of Information
3 Evidence of Contract
4 Service of notices
5 Documents and information
5.1 Discrepancies
5.2 Information
5.3 Client-supplied documents
5.4 Consultant-supplied documents
5.5 Availability
5.6 Confidential information
5.7 ∗Media
6 Assignment and subcontracting
6.1 Assignment
6.2 Subcontracting generally
6.3 Selected subconsultants
6.4 Novation
6.5 Consultant’s responsibility
7 Intellectual property rights
7.1 Warranties and indemnities
7.2 Intellectual property rights granted to Client
8 Legislative requirements
8.1 Compliance
8.2 Changes
9 Damage to persons and property
9.1 Indemnity by Consultant
9.2 Indemnity by Client
10 Professional indemnity insurance
11 Public liability insurance
12 Insurance of employees
13 Inspection and provisions of insurance policies
13.1 Proof of insurance
13.2 Failure to produce proof of insurance
13.3 Notices from or to insurer
13.4 Notices of potential claims
13.5 Cross liability
14 Client
14.1 Client’s directions
14.2 Client’s representative
15 Consultant’s representative and key personnel
15.1 Consultant’s representative
15.2 Key personnel
16 Consultant’s employees and subconsultants
17 Access
18 ∗Quality assurance
19 Programming
20 Suspension
20.1 Client’s suspension
20.2 Consultant’s suspension
20.3 Recommencement
20.4 Cost
21 Time, progress and additional remuneration
21.1 Notice of delay
21.2 Claim
21.3 Assessment
21.4 Extension of time
21.5 Timely completion
21.6 Additional remuneration
22 Variations
22.1 Directing variations
22.2 Proposed variations
22.3 Fee adjustment
23 Payment†
23.1 Progress claims
23.2 Final payment claim and certificate
23.3 Interest
23.4 Other moneys due
24 Payment of workers and subconsultants
24.1 Workers and subconsultants
24.2 Withholding payment
25 Default or insolvency
25.1 Preservation of other rights
25.2 Consultant’s default
25.3 Client’s notice to show cause
25.4 Client’s rights
25.5 Take out
25.6 Adjustment on completion of the Services taken out
25.7 Client’s default
25.8 Consultant’s notice to show cause
25.9 Consultant’s rights
25.10 Termination
25.11 Insolvency
26 Termination by frustration
27 Notification of claims
27.1 Communication of claims
27.2 Liability for failure to communicate
27.3 Resolution
28 Dispute resolution
28.1 Notice of dispute
28.2 Conference
28.3 Arbitration
28.4 Summary relief
29 General limitation of liability
30 Waiver of conditions
Part A
Part B
Part C
Part D
Part E
Amendment control sheet
AS 4904—2009
Amendment No. 1 (2010)
Correction
IndexAS 4904—2009
Cited references in this standard
Content history
[Current]