Handbook
Track updates
HB 140-2000
[Current]Administration Manual for AS 4000-1997 General conditions of contract
A practical and comprehensive guide to the use and application of AS 4000-1997 General Conditions of Contract. The manual includes examples of the relevant forms and notices used to administer the AS 4000 contract, and a comparative analysis of AS 4000 with AS 2124-1992.
Published: 16/10/2000
Pages: 638
Table of contents
Cited references
Content history
Table of contents
Header
About this publication
Preface
PART 1 General
CHAPTER 1 When and how to use AS 4000-1997
1.1 The head contracts in the AS 4000 suite of contracts
1.2 The subcontracts in the AS 4000 suite of contracts
1.3 Drafting principles
1.4 Comparison with AS 2124 suite of contracts
1.5 How to use AS 4000-1997 and this manual
1.6 Definitions
1.7 Clauses, subclauses and paragraphs
1.8 ‘and’ and ‘or’
1.9 Items
1.10 Drafting style and set out
CHAPTER 2 The background to AS 4000-1997
2.1 General
2.2 Style and format of AS 4000-1997
CHAPTER 3 The Contract documents
3.1 General information
3.2 Formal instrument of agreement
3.3 Documents which do not form part of the Contract
3.4 Optional and alternative clauses
3.5 Forms in Part 4 relevant to this Chapter 3
CHAPTER 4 The role and functions of the Superintendent under AS 4000-1997
4.1 General
4.2 The Superintendent as certifier
4.3 The Superintendent as assessor
4.4 The Superintendent’s pricing and valuing functions
4.5 Summary of functions
CHAPTER 5 The functions of the Principal under AS 4000-1997
5.1 General
5.2 Summary of functions
CHAPTER 6 The functions of the Contractor under AS 4000-1997
6.1 General
6.2 Summary of functions
PART 2 Pre-contractual guidance
CHAPTER 7 Completion of the Annexure Parts A, B and C to AS 4000-1997
7.1 Introduction
7.2 Annexure Part A
7.3 Completion of Annexure Part A
7.4 Specific guidance for completion of Annexure Part A
7.5 Separable portions: Annexure Part A
7.6 Annexure Part B to AS 4000-1997
7.7 Annexure Part C — Approved form of unconditional undertaking
PART 3 Guidance notes on clauses grouped into topics
CHAPTER 8 The parties
8.1 The Principal
8.1.1 Details of the Principal
8.1.2 The Principal’s Representative
8.2 The Contractor
8.2.1 Details of the Contractor
8.2.2 The Contractor’s Representative
8.3 Contractor’s employees and subcontractors
8.3.1 Contractor’s employees
8.3.2 Subcontractors
8.4 Selected subcontractors
8.5 Novation
8.6 The Superintendent
8.6.1 Details of the Superintendent
8.7 Superintendent’s Representative
8.7.1 Appointment
8.8 Forms in Part 4 relevant to this Chapter 8
CHAPTER 9 Formation of the Contract
9.1 Creation of the Contract
9.2 Provisional sums
9.3 Separable portions
9.4 Waiver of conditions
9.5 Forms in Part 4 relevant to this Chapter 9
CHAPTER 10 Contract formalities
10.1 Interpretation and construction of Contract
10.2 Definitions
10.3 Provisions concerning the construction of the Contract
10.4 Formal Contract documentation
10.5 Interpretation of the Contract
10.6 Supply of documents
10.7 Confidentiality
10.8 Media releases
10.9 Approval of subcontractors
10.10 Intellectual property rights
10.11 Assignment
10.12 Security
10.13 Insurance
10.14 Service of notices
10.15 Forms in Part 4 relevant to this Chapter 10
CHAPTER 11 Start of WUC (Work under the Contract)
11.1 The site
11.2 Working hours and working days
11.3 Legislative requirements
11.4 Protection
11.5 Appointment of representatives
11.6 Setting out
11.7 Insurances
11.8 Forms in Part 4 relevant to this Chapter 11
CHAPTER 12 Duration of WUC (Work under the Contract)
12.1 Nature of the Contract
12.2 Care of the work and protection of people and property
12.3 Directions
12.4 The role and functions of the Superintendent
12.5 Legislative requirements
12.6 Discrepancies in documents
12.7 Supply of documents
12.8 Setting out the Works
12.9 Materials, labour and construction plant
12.10 Access by Principal and others
12.11 Discovery of minerals, fossils, relics, etc.
12.12 Latent conditions
12.13 Quality of work
12.14 Defective work
12.15 Examination and testing
12.16 Cleaning up
12.17 Insurance claims
12.18 Forms in Part 4 relevant to this Chapter 12
CHAPTER 13 Progress of WUC (Work under the Contract)
13.1 Interpretation and construction
13.2 Working hours
13.3 Programming
13.4 Suspension of WUC
13.5 EOT
13.6 Liquidated damages
13.7 Bonus
13.8 Delay damages
13.9 Substantial breaches relevant to progress of WUC
13.10 Miscellaneous provisions relevant to the progress of WUC
13.11 Forms in Part 4 relevant to this Chapter 13
CHAPTER 14 Variations to WUC (Work under the Contract)
14.1 Variations generally
14.2 Directing variations
14.3 Proposed variations
14.4 Variations for Contractor’s own convenience
14.5 Deemed variations
14.6 Pricing of variations
14.7 Forms in Part 4 relevant to this Chapter 14
CHAPTER 15 Payments, claims and certificates
15.1 Provisions relevant to payment claims, payments and payment certificates
15.2 Assessments and certificates by the Superintendent
15.2.1 Assessments
15.2.2 Certification
15.2.3 Pricing
15.3 Moneys due and moneys due and payable
15.3.1 Moneys due
15.3.2 Moneys due and payable
15.4 General obligation as to payment
15.5 Calculation of the payment
15.6 Unfixed plant and materials
15.7 Final payment claim and final certificate
15.8 Notification of claims
15.8.1 General
15.9 Miscellaneous payment provisions
15.10 Final payment
15.11 Forms in Part 4 relevant to this Chapter 15
CHAPTER 16 Security of payment
16.1 Specific provisions
16.2 Additional provisions relevant to security of payment
16.3 Forms in Part 4 relevant to this Chapter 16
CHAPTER 17 Completion
17.1 Practical completion
17.2 Defects liability
17.3 Final payment claim and final certificate
17.4 Forms in Part 4 relevant to this Chapter 17
CHAPTER 18 Termination
18.1 General
18.2 Default of the Contractor
18.3 Default by the Principal
18.4 Effects of termination by either party
18.5 Insolvency of either party
18.6 Termination by frustration of the Contract
18.7 Forms in Part 4 relevant to this Chapter 18
CHAPTER 19 Dispute resolution
19.1 General
19.2 The notice of dispute
19.3 Settlement of the dispute
19.4 Arbitration of the dispute
19.5 Right to take other proceedings
19.6 Forms in Part 4 relevant to this Chapter 19
PART 4 Practical administration
Section 1 Flowcharts
Section 2 Forms
20.1 General
20.2 Forms
20.3 Defined terms
APPENDIX 1
APPENDIX 2
Summary of major structural and procedural differences between general conditions of contract AS 4000-1997 and AS 2124-1992
Comparison of risk allocation in AS 4000-1997 compared with AS 2124-1992
1 Interpretation and construction of contract [cf. Clauses 1 and 2]
2 Nature of Contract
2.1 Performance and payment [cf. Clause 3.1]
2.2 Bill of quantities [cf. Clause 4.1]
2.3 Priced bill of quantities [cf. Clause 4.2]
2.4 Quantities [cf. Clause 3.2]
2.5 Adjustment for actual quantities [cf. Clauses 3.3 and 4.4]
3 Provisional sums [cf. Clause 11]
4 Separable portions [cf. Clauses 35.3 and 35.4]
5 Security [cf. Clause 5]
5.1 Provision [cf. Clause 5.2]
5.2 Recourse [cf. Clause 5.5]
5.3 Change of security [cf. Clause 5.6]
5.4 Reduction and release [cf. Clauses 5.7 and 5.8]
5.5 Trusts and interest [cf. Clause 5.9]
5.6 Deed of guarantee, undertaking and substitution [cf. Clause 5.10]
6 Evidence of Contract [cf. Clause 6]
7 Service of notices [cf. Clause 7]
8 Contract documents [cf. Clause 8]
8.1 Discrepancies [cf. Clauses 8.1 and 8.2]
8.2 Principal-supplied documents [cf. Clause 8.3]
8.3 Contractor-supplied documents [cf. Clause 8.4]
8.4 Availability [cf. Clause 8.5]
8.5 Confidential information [cf. Clause 8.6]
∗8.6 Media [cf. Clause 8.7]
9 Assignment and subcontracting [cf. Clause 9]
9.1 Assignment [cf. Clause 9.1]
9.2 Subcontracting generally [cf. Clause 9.2]
9.3 Selected subcontract work [cf. Clauses 10.2 and 10.4]
9.4 Novation [cf. Clauses 10.1 and 10.3]
9.5 Contractor’s responsibility [cf. Clause 9.3]
10 Intellectual property rights [cf. Clause 13]
11 Legislative requirements [cf. Clause 14]
11.1 Compliance [cf. Clause 14.1]
11.2 Changes [cf. Clauses 14.1 and 14.2]
12 Protection of people and property [cf. Clause 15]
13 Urgent protection [cf. Clause 39]
14 Care of the work and reinstatement of damage [cf. Clause 16]
14.1 Care of WUC [cf. Clause 16.1]
14.2 Reinstatement [cf. Clause 16.2]
14.3 Excepted risks [cf. Clause 16.3]
15 Damage to persons and property other than WUC
15.1 Indemnity by Contractor [cf. Clause 17.1]
15.1(e) Indemnity by Contractor [cf. Clause 17.1(v)]
15.2 Indemnity by the Principal [cf. Clause 17.2]
16 Insurance of the Works [cf. Clause 18]
17 Public liability insurance [cf. Clause 19]
18 Insurance of employees [cf. Clause 20]
19 Inspection and provisions of insurance policies [cf. Clause 21]
19.1 Proof of insurance [cf. Clause 21.1]
19.2 Failure to produce proof of insurance [cf. Clause 21.2]
19.3 Notices from or to the insurer [cf. Clause 21.3]
19.4 Notices of potential claims [cf. Clause 21.4]
19.5 Settlement of claims [cf. Clause 21.5]
19.6 Cross liability [cf. Clause 21.6]
20 Superintendent [cf. Clause 23]
21 Superintendent’s Representative [cf. Clause 24]
22 Contractor’s representative [cf. Clause 25]
23 Contractor’s employees and subcontractors [cf. Clause 26]
24 Site [cf. Clause 27]
24.1 Possession [cf. Clauses 27.1 and 27.4]
24.2 Access for the Principal and others [cf. Clause 27.2]
24.3 Minerals, fossils and relics [cf. Clause 27.5]
25 Latent conditions [cf. Clause 12]
25.1 Scope [cf. Clause 12.1 - definition]
25.2 Notification [cf. Clause 12.2]
25.3 Deemed variation [cf. Clauses 12.3 and 12.4]
26 Setting out the works [cf. Clause 28]
26.1 Setting out [cf. Clause 28.1]
26.2 Errors in setting out [cf. Clause 28.3]
26.3 Care of survey marks [cf. Clause 28.2]
27 Cleaning up [cf. Clause 38]
28 Materials, labour and construction plant [cf. Clause 29]
29 Quality [cf. Clause 30]
29.1 Quality of material and work [cf. Clause 30.1]
∗29.2 Quality assurance [cf. Clause ∗30.2]
29.3 Defective work [cf. Clause 30.3]
29.4 Acceptance of defective work [cf. Clause 30.5]
29.5 Timing [cf. Clause 30.6]
30 Examination and testing [cf. Clause 31]
30.1 Tests [cf. Clause 31.1]
30.2 Covering up [cf. Clause 31.2]
30.3 Who conducts [cf. Clause 31.3]
30.4 Notice [cf. Clause 31.4]
30.5 Delay [cf. Clause 31.5]
30.6 Completion and results [cf. Clauses 31.1 and 31.6]
30.7 Costs [cf. Clause 31.7]
31 Working hours [cf. Clause 32]
32 Programming [cf. Clause 33]
33 Suspension [cf. Clause 34]
34 Time and progress [cf. Clause 35]
34.1 Progress [cf. Clauses 35.1 and 35.2]
34.2 Notice [cf. Clause 35.5, first paragraph]
34.3 Claim [cf. Clause 35.5(part)]
34.4 Assessment [cf. Clause 35.5 (part)]
34.5 Extension of time [cf. Clause 35.5 (part)]
34.6 Practical completion [cf. Clause 42.5]
34.7 Liquidated damages [cf. Clauses 35.6 and 35.7]
34.8 Bonus for early practical completion [cf. Clause 35.8]
34.9 Delay damages [cf. Clause 36 and last paragraph of Clause 35.5]
35 Defects liability [cf. Clause 37]
36 Variations [cf. Clause 40]
36.1 Directing variations [cf. Clause 40.1]
36.2 Proposed variations [cf. Clause 40.2]
36.3 Variations for convenience of Contractor [cf. Clause 40.4]
36.4 Pricing [cf. Clause 40.5]
37 Payment [cf. Clause 42]
37.1 Progress claims [cf. Clause 42.1]
37.2 Certificates [cf. Clause 42.1]
37.3 Unfixed plant and materials [cf. Clause 42.4]
37.4 Final payment claim and certificate [cf. Clauses 42.7 and 42.8]
37.5 Interest [cf. Clause 42.9]
37.6 Other moneys due [cf. Clause 42.10]
38 Payment of workers and subcontractors [cf. Clause 43]
38.1 Workers and subcontractors [cf. Clause 43(a) and (b)]
38.2 Withholding payment [cf. Clause 43]
38.3 Direct payment [cf. Clause 43]
39 Default or insolvency [cf. Clause 44]
39.1 Preservation of other rights [cf. Clause 44.1]
39.2 Contractor’s default [cf. Clause 44.2]
39.3 Principal’s notice to show cause [cf. Clause 44.3]
39.4 Principal’s rights [cf. Clause 44.4]
39.5 Take out [cf. Clause 44.5]
39.6 Adjustment on completion of work taken out [cf. Clause 44.6]
39.7 Principal’s default [cf. Clause 44.7]
39.8 Contractor’s notice to show cause [cf. Clause 44.8]
39.9 Contractor’s rights [cf. Clause 44.9]
39.10 Termination [cf. Clause 44.10]
39.11 Insolvency [cf. Clause 44.11]
40 Termination by frustration [cf. Clause 45]
41 Notification of claims [cf. Clause 46]
42 Dispute resolution [cf. Clause 47]
43 Waiver of conditions [cf. Clause 48]
Annexure
APPENDIX 3
Institution of Engineers Australia
Australian Industry Group (AIG)(Metal Trades Industry Association (MTIA))
Cited references in this standard
Content history