Mini Minor Works

• Clause 5: Updated requirements for consistency with WHS legislation. Updated reference to WHS Management Systems and Auditing Guidelines. Included a requirement for incidents to be investigated and reported, if instructed.
• Clause 6: Updated to reflect current Long Service Corporation requirements.
• Clause 8: Included insurance requirements for sole traders.
• Contract schedule – WHS Management Plan: Updated terminology and requirements.
• Contract schedule – Combined Subcontractor’s Statement and Supporting Statement: Updated for consistency with GC21 and MW21 and to correct errors.
• Generally: updated references from OHS to WHS; adopted the term ‘instructed’ for consistency with other standard forms. Updated references to agencies and NSWBuy. Corrected typos and formatting.

• Clause 14: Amended the name of the organisation to nominate an expert if the parties are unable to agree, from ‘Australian Commercial Disputes Centre’ to ‘Australian Disputes Centre’ and added a contact number.
• Combined Subcontractor’s Statement and Supporting Statement: Corrected reference to clause 19 in the Building and Construction Industry Security of Payment Regulation 2008.

• Removed reference to ProcurePoint and added reference to buy.nsw website.
• Updated NSW Procurement Service Centre email address.
• Updated reference to the current Work Health and Safety, and Environmental management guidelines in the relevant sections.
• Updated references to SafeWork NSW from WorkCover.
• Removed reference to WRAPP Report and added reference to NSW EPA Construction and demolition waste toolkit.

• Generally: Corrected reference errors and formatting inconsistencies. Revised and updated user guidance. Added footer and amended header. Included auto-fill of contract name and contract number using quick-parts feature
• Clause T3: Updated references to NSW Government codes and guidelines. added reference to Procurement Policy Framework.
• Clause T7: Revised guide notes to always require a completed WHS & Environmental tender schedule and refer to Minor Works contract form if additional schedules are required.
• Clause T8: Added option for alternative tenders.
• Clause T9: Amended clause to always require tenders via eQuote.
• Clause T11: Amended clause to include the application of government policy to late tenders and tender negotiations and the principal's right to assess qualifications.
• Schedule 3: Deleted guide note.
• Clause 2.1: Updated references to NSW Government codes and guidelines. Added reference to Procurement Policy. Added obligation to support skills development.
• Clause 2.3: Amended requirement to comply with an instruction to 3 business days.
• Clause 2.7: added clause to allow parties to change contract terms.
• Clause 5.2: Amended time to provide a WHS Management Plan from 3 to 5 business days before starting work.
• Clause 6.1: Amended clause to require LSL evidence before starting work.
• Clause 10.2: Added clause to allow the contractor to request a variation where site conditions or statutory conditions require a change to the works.
• Clause 10.4: Amended clause so that the 15% margin includes any delay costs.
• Clause 11.2: Added requirement or contractor to notify if it expects to be delayed.
• Clause 11.3: Added clause to allow the contractor to request an extension of time.
• Clause 11.4: Added clause to inform the contractor that it had no extra entitlement for delay and disruption.
• Clause 13.1: Amended clause to only allow monthly payment claims and deleted reference to contract information item 6.
• Clause 13.3b: Amended clause to refer to revised supporting and subcontractor statements.
• Clause 13.6: Amended clause to allow principal to only reduce payment if no subcontractor statement is provided.
• Clause 13.7: Amended clause to require the contractor to advise nominated account for payments and any updating of the account.
• Clause 13.10: Amended clause to change final payment schedule to final payment summary.
• Clause 13.11: Added clause to require the contractor to submit a final payment claim.
• Clause 13.12: Amended clause to allow the principal to make a final payment where no payment claim is received.
• Clause 14.2: Amended clause to remove reference to senior executives.
• Clause 17.2: Amended clause to restrict 2% payment upon termination to only apply after 25% of the contract work has been completed.
• Item 2: Amended text to inform the contractor that payment claims are to be served to the authorised person.
• Item 6: Deleted item 6 dealing with options for the timing of payment claims.
• Item W.3: Amended guide note.
• Item W.5: Deleted duplicated reference.
• Item W.6: Amended text for services identification actions.
• Item W.7: Added safely to clause and replaced 'authorised person' with the 'principal'.
• Item W6: Replace 'material' with 'substances' in the sub-heading.
• Item W.14: Added 'unexpected' to clause dealing with hazardous substances.
• Item W.16: Added 'unexpected' to clause dealing with instructions to deal with hazardous substances.
• Item W.18.3: Amended text to include restoration.
• Item W.19: Amended guide note.
• Contract Schedule - WHS Management Plan: Amended text to suit Work Health and Safety management guidelines 6th Edition.
• Contract Schedule - Environmental Management Plan: Amended guide note and reformatted table to reduce size.
• Contract Schedule - Supporting Statement and Subcontractor's Statement: Replaced schedules with revised and updated schedules.

General

• Corrections and clarifications carried out. Formatting improved for consistency.
• Suggestions for improvements and feedback on changes are encouraged.

General Conditions of Contract

• Clause 13.2. New clause requiring payment claims to be served on the authorised person at a nominated address added.

Works Description

• Clause W3.4. Clauses dealing with services clarified
• Clause W6.18.5. Decontamination of hazardous substances during demolition clarified.
• Clause W7.19. New clause listing contract schedules added.
• Contract Schedules. Schedules re-arranged.
• Supporting statement and subcontractor statement. Introduction and subcontractor statement amended to provide consistency with MW21 & GC21 documents.

General

• Corrections and clarifications carried out.
• Suggestions for improvements and feedback on changes are encouraged.

Tender Schedules

• Signature blocks reinstated after inadvertent deletion

General

• Corrections, formatting and clarifications carried out.
• Suggestions for improvements and feedback on changes are encouraged.

General Conditions

• Clause 6.1. Threshold for long service levy increased from $25,000 to $250,000 (including GST) with application from 1 January 2023.
• Clause 8.6. Insurance term 'deductibles' replaced by 'all excesses and any deductibles' for consistency with other Contract Forms and construction works insurance policies.

General

• Formatting adjustments and minor correction carried out.
• Suggestions for improvements and feedback on changes are encouraged.

Conditions of tendering

• Clause T9. Text updated to conform with ‘buy.nsw Opportunities Hub’ for tender responses.
• Clause T10. Text amended to inform tenderers that tenderer registration with buy.nsw Supplier Hub is now mandatory.

Contract document

General

• Formatting adjustments and minor corrections carried out.
• Suggestions for improvements and feedback on changes are encouraged.

Conditions of tendering

• Clause numbering reordered.
• Clause T8. Guide note added for inclusion of applicable MW21 tendering clauses where tendering to Aboriginal businesses or Dealing with Modern Slavery is required.

Tender Form

• Guide note added reminding documenters of auto-fill feature.

Tender Schedules

• Schedule of rates. Text and guide note added to encourage documenters to fully describe items to allow individual items of work to be measured and differentiated from other items.
• Schedule of WHS and Environmental Management Information. Guide notes added at end of Schedule for inclusion of applicable MW21 tendering schedules where tendering to Aboriginal businesses or Dealing with Modern Slavery is required.

General Conditions of Contract

• Clauses renumbered for consistency with other standard form documents.
• Instructions in clauses changed from 3^rd person point of view; The Contractor is to submit.., to the 2^nd person point of view; Submit.., for clarity, brevity and consistency with the style in the ‘Works description’.
• Most references to ‘Principal’s Authorised Person’ amended to ‘Principal’ for consistency with other standard form documents.
• Clause 2. New clause added to clarify application of General Conditions of Contract following change of point of view.
• Clause 2. Guidenote added for inclusion of applicable MW21 Contract clauses where Dealing with Modern Slavery is required.
• Clause 8. Insurance clauses amended to allow Works and public liability insurance to be arranged by separate parties.
• Clause 8. Clause amended to remove inferred obligation for Principal to approve insurers and policy terms.
• Clause 10. Variation clause amended to clarify a Site condition.
• Clause 11. Completion clauses amended to require Contractor to notify Completion has, or is expected shortly to be, achieved.
• Clause 12. Clause title changed to ‘Liability after Completion’ and clause amended to clarify right of Principal to deduct any debts due from retention.
• Clause 13. Following suggestion to assist local government users, guidenote and option added for provision of the tax invoice by the Contractor.
• Clause 13. Clause added to deal with payment to the Principal after issue of final payment summary.
• Clause 16. Clause amended to include term ‘Step-In’ where the Principal takes over incomplete Works.

Contract Information

• Item 3. Guidenote added to modify text where Works and public liability insurance are to be arranged by separate parties.

Works description

• Clause W3. Existing Services clauses amended to update the ‘Before You Dig Australia (BYDA)’ name change and include depth with services information provided by the Contractor.
• Clause W4. Asbestos removal clauses amended to include the requirement that persons dealing with asbestos have completed an online awareness course in situations where licenced removal is not required. Additionally, a requirement added for a copy of the daily monitoring records to be provided to the Principal.

Mini Minor Works guidance

Clause Commentary

• Revised and expanded to provide commentary on all clauses of the Mini Minor Works Contract version 20/12/2024.
• The commentary is now provided as linked document rather than a web page.

Creating a Mini Minor Works tender document guide

• Updated to suit Mini Minor Works Contract version 20/12/2024.
• The guide is provided as a web page and should be used in conjunction with the updated clause commentary.

Sample Letters

• Mini Minor Works letter of award. Text amended to include:
  • listing of schedules submitted after lodgement of the tender form
  • dealing with tender options as per the MW21 sample letter
  • options for provision of Site access, similar to GC21 Letter of Award Sample letter.
• Mini Minor Works sample completion letters. Guide notes amended to provide more information for determining if Completion has been achieved.

Schedule of Contractual Authorities

• A schedule of recommended contractual authorities created to suit Mini Minor Works Contract version 20/12/2024.