B051 AS4903-2000(A1) - Subcontract Conditions For Design .

Amended from4903—2000(Incorporating Amendment No. 1)AS 4903—2000Design andConstruction of:"ENTER PROJECT NAME"Project No."ENTER PROJECT NUMBER"At:"ENTER PROJECT ADDRESS"Main Contractor:EVANS BUILT PTY LTDSubcontractor:SUBCONTRACTORD"D NUMBER"Australian Standard Subcontract conditions for design and construct(QLD)This document is based on Standards Australia Ltd copyrighted material that isdistributed by SAI Global Ltd on Standards Australia Ltd's behalf. It may bereproduced and modified in accordance with the terms of SAI Global Ltd'sLicence 1801-c101 to CDI Lawyers ("the Licensee"). All amended, marked-up andlicensed copies of this document must be obtained from the Licensee.Standards Australia Ltd's copyright material is not for resale, reproduction ordistribution in whole or in part without written permission from SAI Global Ltd:tel 61 8206 6355 or copyright@saiglobal.comCDI Lawyers – amended and reproduced under copyright Licence 1501-c063-2

This Australian Standard was prepared by Committee OB -003, General Conditionsof Contract. It was approved on behalf of the Council of Standards Australia on7 September 1999. This Standard was published on 27 December 2000.The following are represented on Committee OB-003:Association of Consulting Engineers AustraliaAustralian Chamber of Commerce and IndustryAustralian Procurement and Construction CouncilAUSTROADSConstruction Industry Engineering Services GroupConstruction Policy Steering CommitteeElectricity Supply Association of AustraliaInstitution of Engineers, AustraliaInstitution of Professional Engineers, New ZealandLaw Council of AustraliaMaster Builders AustraliaNational Construction Council of the Australian AssociationProcess Engineers and Constructors AssociationRoyal Australian Institute of ArchitectsKeeping Standards up-to-dateStandards are living documents which reflect progress in science, techno logy andsystems. To maintain their currency, all Standards are periodically reviewed, and neweditions are published. Between editions, amendments may be issued. Standards mayalso be withdrawn. It is important that readers assure themselves they are usin g acurrent Standard, which should include any amendments which may have beenpublished since the Standard was purchased.Detailed information about Standards can be found by visiting the Standards WebShop at www.standards.com.au and looking up the releva nt Standard in the on-linecatalogue.Alternatively, the printed Catalogue provides information current at 1 January eachyear, and the monthly magazine, The Global Standard, has a full listing of revisionsand amendments published each month.Australian Standards TM and other products and services developed by StandardsAustralia are published and distributed under contract by SAI Global, which operatesthe Standards Web Shop.We also welcome suggestions for improvement in our Standards, and especiallyencourage readers to notify us immediately of any apparent inaccuracies orambiguities. Contact us via email at mail@standards.org.au, or write to the ChiefExecutive, Standards Australia, GPO Box 5420, Sydney, NSW 2001.This Standard was issued in draft form for comment as DR 98019.CDI Lawyers – amended and reproduced under copyright Licence 1501-c063-2

AS 4903—2000(Incorporating Amendment No. 1)Australian Standard Subcontract conditions for design andconstruct (QLD)Originated as AS 4303—1995.Revised and redesignated AS 4903—2000.Reissued incorporating Amendment No. 1 (March 2005).COPYRIGHT Standards AustraliaAll rights are reserved. No part of this work may be reproduced or copied in any form or by anymeans, electronic or mechanical, including photocopying, without the written permission of thepublisher.Published by Standards Australia, GPO Box 5420, Sydney, NSW 2001, AustraliaISBN 0 7337 3186 4CDI Lawyers – amended and reproduced under copyright Licence 1501-c063-2

AS 4903—20002FORMAL INSTRUMENT OF AGREEMENT FORSUBCONTRACT AS4903 - 2000AGREEMENT made the2019Day ofPARTIESof (address)Evans Built Pty LtdLa Balsa, Suite 30145 Brisbane Road Mooloolaba Qld 4557ABN: 61 120 743 099(the “Main Contractor”)ANDof (address)"ENTER SUBCONTRACTOR NAME""ENTER SUBCONTRACTOR ADDRESS"ABN: "ENTER ABN"QBCC License Number:(the “Subcontractor”)"ENTER QBCC"RECITALS:A.The Main Contractor is undertaking the ["ENTER PROJECT NAME" ] (“the project”).B.The Main Contractor called for tenders for subcontract construction work associated withthe project and the Subcontractor submitted a tender.C.In reliance of the information provided in that tender and the Subcontractor’s representationthat it is experienced in the construction work required under this Subcontract, the MainContractor has agreed to engage the Subcontractor to carry out construction work on andsubject to the terms and conditions set out in this Subcontract.OPERATIVE PROVISIONS:1Definitions:In this formal instrument of agreement defined terms have the same meaning as in theSubcontract conditions for design and construct.2Completion of workThe Subcontractor shall undertake all WUS and otherwise perform all of its obligations inaccordance with this Subcontract.3Payment to SubcontractorThe Main Contractor shall pay the Subcontractor in accordance with the Subcontract.4The Subcontract SumThe subcontract sum is: "ENTER AMOUNT EXC GST""ENTER AMOUNT EXC GST IN WORDS"(excluding GST)(excluding GST)(figures and words)CDI Lawyers – amended and reproduced under copyright Licence 1501-c063-2

AS 4903—200053Subcontract documents and order of precedenceThe Subcontract is comprised of the following documents and in the case of any ambiguity,discrepancy or inconsistency the documents will apply in the order of precedence as o)(p)This Formal Instrument of Agreement;Annexure Part A;Annexure Part F - Main Contractor’s Project Requirements;Subcontract conditions for design and construct (as amended);Annexure Part B – Approved form of unconditional undertaking;Annexure Part C – Deed of Novation;Annexure Part D – Deed of Novation;Annexure Part E – Deletions, amendments and additions;Annexure Part G – Drawing Register;Annexure Part H – Safety Requirements;Annexure Part I – Declaration by Subcontractor;Annexure Part J – Deed of Release – Practical Completion;Annexure Part K – Deed of Release - Final;Annexure Part L – Trade Breakdown;Annexure Part M – Agreement to Issue RCTIs; andAnnexure Part N – Progress Claim Proforma.Notwithstanding any other clause of this Subcontract, if any annexure in this Subcontract includes any text suppliedby the Subcontractor which is, or incorporates any part of the Subcontractor’s standard terms and conditions, thenthat does not form part of the Subcontract.6CounterpartsThis Subcontract may consist of a number of counterparts and, if so, the counterparts takentogether constitute one document.CDI Lawyers – amended and reproduced under copyright Licence 1501-c063-2

AS 4903—20004Executed as an agreementEXECUTED by Evans Built Pty Ltd(ABN: 61 120 743 099) in accordance withsection 127 of the Corporations Act:))).Signature of DirectorSignature of Director/Secretary.Name of DirectorName of Director/SecretaryEXECUTED by SUBCONTRACTOR(ABN "ENTER ABN" )in accordance with section 127 of theCorporations Act:))).Signature of DirectorSignature of Director/Secretary.Name of DirectorName of Director/SecretaryCDI Lawyers – amended and reproduced under copyright Licence 1501-c063-2

AS 4903—20005PREFACEThis Standard was prepared by the Joint Standards Australia/Standards New ZealandCommittee OB/3, General Conditions of Contract.This Standard incorporates Amendment No. 1 (March 2005 ). The changes required by theAmendment are indicated in the text by a marginal bar and amendment number against theclause, note, table, figure or part thereof affected.This Standard is the result of a consensus among Australian and New Zealand representativeson the Joint Committee to produce it as an Australian Standard.AS 4903—2000 General conditions of subcontract for design and construct is a part of thesuite of conditions of contract based on AS 4000—1997 General conditions of contract.This Standard covers the following types of project procurement methods:(a)design and construct;(b)design development and construct; and(c)design, novate and construct.If the project procurement method chosen for the main contract results in the subcontractincorporating design functions, then if the project procurement method is:(a)design and construct—the Main Contractor would provide the Main Contractor’sproject requirements, would not normally provide a detailed preliminary design andwould not require novation;(b)design development and construct—the Main Contractor would provide the MainContractor’s project requirements, would always provide a preliminary design andaccordingly would complete Annexure Part A Items 14 and 15;(c)design, novate and construct—the Main Contractor would provide the MainContractor’s project requirements, would always provide a preliminary design, wouldcomplete Annexure Part A Items 14 and 15 and would complete Annexure Part A Item25 stating which secondary subcontract (including consultant’s agreement) or selectedsecondary subcontract is to be novated to the Subcontractor.Subclauses 8.6, 29.2 and 34.7A, prefixed by *, are optional, and may be omitted in theContract, where necessary, without making consequential amendments but such omissionshould be clearly shown on the face of the document by striking out these subclauses orindicating clearly in clause 1 of Annexure Part E or elsewhere that they are not to apply. Seeparagraph (i) of clause 1 for the effect of stating deletions in Annexure Part E.WARNINGS1)This Standard is not recommended for use as part of the agreement between the MainContractor and a consultant. AS 4904—2001 Consultant’s Agreement has beendeveloped for this purpose.2)Users of this Australian Standard are warned that clause 15 (Damage to persons andproperty other than WUS) does not limit the liability of parties for special, indirector consequential losses.This unlimited liability applies notwithstanding any limitations or exclusionspermitted under insurance clauses 16A (Insurance of WUS), 16B (Professionalindemnity insurance) and 17 (Public liability insurance).Parties wishing to limit their liability should seek insurance and legal advice beforeentering a subcontract under this Standard.3)In relation to insurances, the parties should have regard to clause 16A regarding theavailability during the tender period of a copy of the insur ance policy in relation toCDI Lawyers – amended and reproduced under copyright Licence 1501-c063-2

AS 4903—20006WUS, and subclause regarding proof of evidence of insurances generally, beforeWUS commences under the Subcontract.4)Main Contractors should ensure that their specific requirements are fully andcompletely incorporated in the Main Contractor’s project requirements obtainingspecialist advice if necessary. Where a Subcontractor provides a proposed design aspart of its tender the parties should consider whether that design should form partof the Main Contractor’s project requirements.5)The risk allocation, drafting, interpretation and construction of this Standard areinterrelated. Users who alter the Standard do so at their own risk and should obtainspecialist advice as to whether it is suitable for a particular project.6)Subcontractors should ensure that they satisfy the requirements of payment forunfixed plant and materials.7)Legislation has come into force in some jurisdictions dealing with security ofpayments. Parties intending to use this Standard should seek expert advice as to theirrights and obligations under such legislation.CDI Lawyers – amended and reproduced under copyright Licence 1501-c063-2