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1、Department of Treasury and Finance VictoriaSpecial Conditions of Contract for use in association with Australian Standard General Conditions of Contract AS 2124- 1992Revision:Date:Clause reference:Details:Endorsed by:August 20118 August 2011Not applicableThis record of revisions included.DPCDAugust
2、20118 August 2011Clause 52: Victorian Industry Participation Policy Amended to include an option for departments to replace references to the Principal with references to the Superintendent.Drafting note also included.CCAPDecember 201119 December 201142.3A, 42.6, 42.7, 42.8, 47, 47.2A, 54, 55 & 56Co
3、rrect anomalies and harmonise as suggested by Minter EllisonCCAP July 201212 July 2012New Clause 57 Victorian Code and Victorian GuidelinesNew clause to comply with the requirements of the Victorian Implementation Guidelines to the Victorian Code of Practice for the Building and Construction Industr
4、yCCAPOctober 20125 October 2012New Clause 58 National Code and National GuidelinesTo provide for compliance, where applicable, with the National Code and National GuidelinesCCAPFebruary 2013August 2012Responsibility for administration of the PDCM Act moved from DPCD to DTF.MinisterFebruary 2015Febru
5、ary 2015Removal Clause 57 Victorian Code and Victorian GuidelinesRemoval of clause following abolition of the Victorian Code of Practice for the Building and Construction IndustryCCAPFebruary 2015February 2015Clause 58 changed to clause 57 and amended To replace National Code and National Guidelines
6、 with the Building Code 2013 and Supporting GuidelinesCCAPIntroductionThese Special Conditions of contract replace Part B of the Annexure to the General Conditions of Contract (AS 2124 1992).The copyright in these completed Special Conditions is owned by the Department of Treasury and Finance in rig
7、ht of the State of Victoria. These Special Conditions must not be used in any way (including by being reproduced, transcribed or printed) without the permission of the Department of Treasury and Finance Construction Policy. To make use of these Special Conditions users must lawfully obtain a copy of
8、 AS 2124 1992, the copyright in which is owned by Standards Australia Limited and subject to terms of use prescribed by Standards Australia Limited (or its authorised distributor(s). The General Conditions of Contract AS 2124 1992 can be purchased from SAI Global or Standards Australia Limited. The
9、SAI Global website address is and that of Standards Australia Limited is http:/www.standards.org.au/default/asp.Victorian Government Special Conditions of Contract for use in association with Australian Standard AS2124 - 1992.ANNEXURE to the Australian Standard General Conditions of Contract (AS2124
10、-1992) PART BThis Table identifies Clauses which have been deleted, have been amended and differ from, or have been added to, the Australian Standard AS2124-1992._1.The following clauses have been deleted from the General Conditions in AS2124-1992:10.3; 10.5; 10.6.2.The following clauses have been a
11、mended and differ from the corresponding clauses in AS2124-1992:2; 5.4; 5.5; 8.1; 9.2; 10; 11; 14; 15; 16.3; 23; 29.1; 35.5; 36; 42.1; 42.2; 42.3; 42.6; 42.7; 42.8; 43; 44.2; 44.10; 44.11; 46.1; 473.The following clauses have been added to those of AS2124-1992:14.5; 29.4; 35.6: 42.3A; 47.1A; 49; 50;
12、 51; 52; 53; 54; 55; 56; 57.4.The amendments to the following clauses apply unless struck out by the Principal (Principals should not strike out the amendments unless the issues addressed by the amendments have been covered in the specification):8.1; 14; 15; 52._The provisions of the document descri
13、bed as “General Conditions of Contract (AS2124-1992)” which form part of the Contract between the parties are amended, added to, and varied in the following respects:Clause 2 (Interpretation) is amended as follows:The existing definition of Contract is deleted and replaced with the following new def
14、inition:Contract means this contract and includes the Schedules and any annexures or documents incorporated by reference and where a Formal Instrument of Agreement is signed means the Formal Instrument of Agreement and the documents listed in it.The following new definitions are added to clause 2: D
15、irection includes agreement, approval, authorisation, certificate, decision, demand, determination, explanation, instruction, notice, order, permission, rejection, request or requirement. Variation means any of those actions which the Superintendent is able to direct the Contractor to do at sub-clau
16、se 40.1 (a) - (e);Clause 5.4 (Time for Lodgement of Security) is deleted and replaced with the following new clause 5.4Security shall be lodged prior to the earlier of:(a) the expiration of 28 days after the Date of Acceptance of Tender; or(b) the commencement of the Works on Site by the Contractor.
17、If the Contractor does not lodge Security in accordance with this clause, the Principal may, notwithstanding Clause 42.1, withhold payment of moneys otherwise due to the Contractor until the Contractor lodges the Security.Clause 5.5 (a) (Recourse to Retention Moneys and Conversion of Security) is de
18、leted and replaced with the following new clause 5.5 (a): (a)the party has become entitled to exercise a right under the Contract in respect of the retention moneys and/or security or there is a debt due under the Contract to the party from the other party.Clause 5.5 (Recourse to Retention Moneys an
19、d Conversion of Security) is amended by adding the following paragraph to the end of clause 5.5:A party is not entitled to commence any proceeding, seeking relief by way of injunction or any other relief, which has as its objective the obtaining of an order preventing the other party from having rec
20、ourse to retention moneys and/or security even though the party contemplating the commencement of proceedings may assert that there is no right to have recourse to retention moneys and/or security.*Clause 8.1 (Discrepancies) is amended by inserting the following sentence after the first sentence in
21、paragraph 1:Where there is a conflict between the several documents forming the Contract, the documents shall, subject to Clause 8.2, be interpreted in accordance with the Annexure.Annexure Part A (in relation to Clause 8.1) is amended by: inserting the following item after the existing item 16:16AO
22、rder of precedence to be applied in interpreting the Contract:(Clause 8.1 as amended)(a)Formal Instrument of Agreement dated .(b)Letter of Acceptance of Tender dated .(c)Annexure Part B to AS2124-1992 General Conditions of Contract;(d)AS2124-1992 General Conditions of Contract and Annexure Part A;(e
23、)Draft Construction Program;(f)Specifications, (g)Drawings numbered .Clause 9.2 (Subcontracting) is deleted and replaced with the following new clause 9.2:For the purposes of this Clause 9.2: Subcontract means a contract between the Contractor and a third party whereby the third party (in this claus
24、e called the Subcontractor) agrees to perform work comprising part of the work under the Contract; and Secondary Subcontract means a subcontract between the Subcontractor and a subcontractor to the Subcontractor. The Contractor shall not without the written approval of the Superintendent, which appr
25、oval shall not be unreasonably withheld, subcontract or allow a Subcontractor to assign or enter into a Secondary Subcontract for any of the work under the Contract where the amount payable under that contract exceeds the lesser of: (A)the sum of $10,000; or; (B)10% of the Contract Sum; With a reque
26、st for approval, the Contractor shall provide to the Superintendent: (a)particulars in writing of the work to be subcontracted and the name and the address of the proposed Subcontractor; (b)written confirmation, where the proposed subcontract sum for the particular work is greater than $20,000.00, t
27、hat the proposed subcontract conditions incorporate AS2545-1993 Subcontract Conditions and contain no amendments to those subcontract conditions other than those necessary to reflect the Main Contract General Conditions of Contract; (c)a written warranty, the breach of which shall be deemed to be a
28、substantial breach of contract for the purposes of Clause 44.2 of these General Conditions of Contract, that the Subcontract will be entered into in accordance with the requirements of this Clause 9.2; and (d)any other information which the Superintendent reasonably requests, including the proposed
29、Subcontract documents without prices. Within 14 days after a request by the Contractor for approval, the Superintendent shall advise the Contractor of approval or the reasons why approval is not given. Approval may be conditional upon the Subcontract including: (i)provision that the Subcontractor sh
30、all not assign or enter into a Secondary Subcontract for any of the work under the Contract without the consent in writing of the Contractor; and(ii)provisions which may be reasonably necessary to enable the Contractor to fulfil the Contractors obligations to the Principal. Clause 10 (Selected and N
31、ominated Subcontractors) is amended by: deleting Clauses 10.3, 10.5, 10.6 and paragraphs 3 and 4 of Clause 10.1; and deleting, in Clauses 10.1 and 10.4, the expression “or Nominated” wherever it occurs. Clause 11 (Provisional Sums) is amended by: deleting Clause 11(c); deleting the word “and” from t
32、he end of Clause 11(b); and. inserting the word “and” at the end of Clause 11(a). *Clause 14 (Statutory Requirements) is amended by adding the following new sub-clause 14.5: 14.5 Goods and Services Tax. The following definitions or interpretations are added to Clause 14.5: “Adjustment Event” has the
33、 same meaning as in the GST Act; GST means any tax imposed under any GST Law and includes GST within the meaning of the GST Act. “GST Act” means the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth) as amended; “GST Related Tax Reform” includes any changes, reductions or abolition of
34、 any State, Territory or Commonwealth taxes, excise, fees or imposts including, but not limited to, financial transactions tax, wholesale sales tax, stamp duty, debits tax, attributable to the introduction of the GST Act; “Supply” has the same meaning as in the GST Act. (a)The Contract Sum is, subje
35、ct to this Clause 14.5, inclusive of all expenses of the Contractor, insurance, duties, imposts and taxes. All such expenses, insurance, duties, imposts and taxes shall be paid by the Contractor. (b)If during the carrying out of the Works a GST applies, a valuation will be made under Clause 40.5. Th
36、e valuation will be based upon the net financial impact of the GST and any associated taxation reform on the cost to the Contractor of carrying out the Works or otherwise complying with its obligations under the Contract. Such net financial impact shall be calculated on the basis of and be limited t
37、o - (i)the GST payable by the Contractor imposed on the Contract Sum (after allowing for any entitlement to input credits); (ii)any and all reduction in cost (or other financial benefit) to the Contractor arising from the application of the GST and any associated taxation reform (whether directly re
38、lated to the carrying out the Works or otherwise complying with its obligations under the Contract or not) including such reduction or benefit arising from any changes in financial transactions tax, wholesale sales tax, excise, stamp duty, debits tax, and any other changes to taxes, imposts, or cost
39、s associated with the application of the GST and any associated taxation reform. (c)Either party may, from time to time, propose a valuation under Clause 40.5 to reasonably reflect the effect of any net financial impact (as defined in paragraph (b) of Clause 14.5), resulting from the application of
40、a GST and any associated taxation reform, which should impact upon the cost of carrying out the Works or otherwise complying with its obligations under the Contract. The proposal for a valuation shall be in writing and include the basis for its calculation. If the other party does not dispute the pr
41、oposed valuation within the period set out in the notice (which shall be not less than 28 days) the valuation proposed in the notice shall be the valuation under Clause 40.5 and shall apply from the date of the notice which must be a date after the date on which the GST is first payable. Any dispute
42、 under this clause shall be resolved by dispute resolution under Clause 47. (d) Notwithstanding a proposal, agreed valuation or a determination, under paragraph (c) of Clause 14.5 or Clause 47, the Principal may make a further proposal under paragraph (c) of Clause 14.5 where further reduction in co
43、st (or other increased financial benefit) to the Contractor, as defined in paragraph (b) of Clause 14.5, arises from the application of the GST or any associated taxation reform.(e) The Contractor must do all things reasonably necessary in order to derive the benefit of all input credits to which it
44、 would be, subject to it complying with all relevant requirements, be entitled to obtain. If the Contractor does not comply with this obligation the effect of any input credit to which the Contractor does not derive an entitlement will not be taken into account in determining any net financial impac
45、t or carrying out any valuation. (f) The Contractor warrants that it is and will, until the issue of the Final Certificate under sub-clause 42.8, remain registered for the purposes of Part 2-5 of A New Tax System (Goods and Services Tax) Act, 1999. (g) The Contractor warrants that it has, and will,
46、correctly disclose its Australian Business Number to the Principal and will immediately advise the Principal of any change to its Australian Business Number. (h) If the Principal becomes entitled to any payment by reason of reimbursement, indemnification or compensation by the Contractor then the Co
47、ntractor must also pay to the Principal an additional amount equal to the amount of the GST payable by the Principal. Clause 15 (Protection of People and Property) is amended by adding the following new paragraphs to the end of the clause: In connection with the execution of the work under the Contract, the Contractor shall, as far as practicable, ensure the health and safety of all persons includ
