Construction project management services

Document - Conditions of agreement

• Updated clause Protection of children and other vulnerable people. Internet references updated.

Document - Conditions of agreement

• Clause 5. Payment: URL for Subcontractor's Statement updated.

All documents

• References to former Department of Commerce updated. Internet references updated.
• References to Procurement Practice Guides updated.

Document - Conditions of tendering, Appendices

• References to Occupational Health and Safety updated to Work Health and Safety.
• Links to Procurement System for Construction updated.

Document - Appendices

• Links to ProcurePoint updated.

Document - Standard Form

General

The following Standard Form’s documents have been updated:

• Cover Sheet and Master Table of Contents
• Conditions of Tendering
• Tender Schedules
• General Conditions of Agreement and Agreement Information
• The Services
• Project Description
• Letter of Award

Conditions of Tendering

• QMS and WHS clauses have been updated to reflect SCM1191 and SCM10611 requirements.
• Optional Modern Slavery and Aboriginal Participation clauses are now available.

Tender Schedules

• QMS schedule has been updated
• Optional WHS, Modern Slavery and Aboriginal Participation schedules have been provided.

General Conditions of Agreement - New Clauses

The following clauses have been added:

• Clause 15 - QMS
• Clause 16 - WHS
• Clause 17 - Aboriginal Participation
• Clause 19 – Dealing with Modern Slavery

Clause 1 - Definitions

• Preface has been added
• Definitions and meanings for Principal’s Authorised Person, Project Manager’s Authorised Person have been added
• Meanings for Senior Executive and Issue have been provided

Clause 3 – Project Manager’s obligations

• Addition of requirement for the Project Manager to provide notice if problems with Principal Supplied Information arise
• Project Management entitlement is now defined as ‘what could be reasonable expected’
• Addition of the Principal’s right to provide information on the Project Manager performance
• Meanings of Media Releases and enquiries are now included

Clause 5 – Payment

• Clarification on tax invoices has been provided
• SOPA changes have been implemented

Clause 8 Indemnity – People and property

• Clause now excludes items from the limitation of liability
• Liability cannot be limited for damages arising from:
• the death of, or injury to, a person
• infringement of third-party intellectual property rights
• an unlawful or wrongful act or omission
• a wilful, reckless, or negligent act or omission

Clause 12 – Dispute resolution

• Clause has been renamed ‘Issue Resolution’
• It has been modelled upon the resolution process in GC21
• Timeframes in business days for issue resolution have now been defined
• It now requires either party to provide notice of an issue to the other party by a Senior Executive
• The Senior Executive cannot be the Authorised Person
• Expert Determination can be sought by either party if Senior Executives’ conferrals fails

Agreement information

• Added Item 4 Project Manager’s Authorised Person section
• Guidance provided for items on Public Liability Insurance, Professional indemnity insurance

Annexures

• Latest SOPA Subcontractor Statements added
• Optional Modern Slavery schedule added

The Services

General

• Reference to RFT Number
• Reference to Agreement instead of Contract

Project Description

General

• Reference to RFT Number
• Reference to Agreement instead of Contract