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AS 4919-2003

[Current]

General conditions of contract for the provision of asset maintenance and services (Superintendent’s version)

Sets out general conditions of contract for maintenance and other services, and intended to be used where services are generally performed on the premises of the Principal and are administered through a Superintendent. Part of a suite based on AS 4000-1997 (Where a Superintendent is not engaged, use AS 4920. If a short version is required, use AS 4921). These conditions of contract are not suitable for construction and other non-service projects, professional consulting services or supply of equipment.
Published: 22/08/2003
Pages: 52
Table of contents
Cited references
Content history
Table of contents
Header
About this publication
Preface
1 Interpretation and construction of Contract
2 Performance and payment
3 Security
3.1 Provision
3.2 Recourse
3.3 Change of security
3.4 Release
3.5 Trusts and interest
4 Evidence of Contract
5 Service of notices
6 Contract documents
6.1 Discrepancies
6.2 Principal-supplied documents
6.3 Contractor-supplied documents
6.4 Confidential information
∗6.5 Media
7 Assignment and subcontracting
7.1 Assignment
7.2 Subcontracting generally
7.3 Contractor’s responsibility
8 Intellectual property rights
9 Legislative requirements
9.1 Compliance
9.2 Changes
10 Protection of people and property
10.1 Protection
10.2 Urgent protection
10.3 Occupational Health and Safety
11 Care of the Services and reinstatement of damage
11.1 Care of the Services
11.2 Reinstatement
11.3 Excepted risks
12 Damage to persons and property other than the Services
12.1 Indemnity by Contractor
12.2 Indemnity by Principal
13 General limitations of liability
13.1 Limitation of liability
13.2 Exclusion of limitation of liability
14 Insurance of the liability to reinstate
15 Public liability insurance
16 Insurance of employees
17 Inspection and provisions of insurance policies
17.1 Proof of insurance
17.2 Failure to produce proof of insurance
17.3 Notices of potential claims
17.4 Settlement of claims
17.5 Cross liability
18 Superintendent
18.1 Superintendent’s role and functions
18.2 Superintendent’s Representative
19 Contractor's representative
20 Contractor's employees and subcontractors
21 Access to the premises
21.1 Principal’s obligations
21.2 Contractor’s obligations
22 Latent conditions
22.1 Scope
22.2 Notification
22.3 Deemed variation
23 Plant, equipment and materials
24 Repairs
25 Quality
25.1 Quality of material and work
∗25.2 Quality assurance
25.3 Defective work
25.4 Acceptance of defective work
25.5 Timing
26 Working hours
27 Programming
28 Suspension
28.1 Superintendent’s suspension
28.2 Contractor’s suspension
28.3 Recommencement
28.4 Cost
29 Time and progress
29.1 Commencement and progress
29.2 Notice of delay
29.3 Claim
29.4 Assessment
29.5 Extension of time
29.6 Liquidated damages for a single performance
29.7 Delay damages
30 Warranties and defects liability
30.1 Warranties
30.2 Defects liability
31 Variations
31.1 Directing variations
31.2 Proposed variations
31.3 Pricing
32 Payment
32.1 Progress claims
32.2 Certificates
32.3 Final payment claim and certificate
32.4 Interest
32.5 Other moneys due
33 Payment of workers and subcontractors
33.1 Workers and subcontractors
33.2 Withholding payment
33.3 Direct payment
34 Default or insolvency
34.1 Preservation of other rights
34.2 Contractor’s default
34.3 Principal’s notice to show cause
34.4 Principal’s rights
34.5 Take out
34.6 Adjustment on completion of services taken out
34.7 Principal’s default
34.8 Contractor’s notice to show cause
34.9 Contractor’s rights
34.10 Termination
34.11 Insolvency
35 Termination by frustration
36 Notification of claims
36.1 Communication of claims
36.2 Liability for failure to communicate
36.3 Superintendent’s decision
37 Dispute resolution
37.1 Notice of dispute
37.2 Conference
37.3 Arbitration
37.4 Summary relief
38 Waiver of conditions
Part A
Part B
Part C
Index
Amendment control sheet
AS 4919—2003
Amendment No. 1 (2005)
Revised text
Cited references in this standard
Content history
DR 99332

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