Amendments to MW21 standard form contract documents
DECEMBER 21, 2017
General Conditions of Contract
Clause 4.2 – removed the reference “Part 4 of the Civil Liability Act 2002 (NSW) does not apply to this Contract”.
DECEMBER 21, 2016
General Conditions of Contract
Clause 13.9 – amended references to times for the Principal to make the final payment.
Clause 16.5 – 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.
OCTOBER 4, 2016
Conditions of Tendering
Clause 1.1 – amended guide note and removed reference to facsimile number.
Clause 2.4– corrected reference to time for submission of Environmental Management Information Part A.
Clause 2.5 - updated financial assessment website references and hyperlink.
Clause 3.2 – amended guide note and Works and Public Liability Insurance Option 1 clause to provide for PAI arranged through icare, not Willis; amended Other Insurance clause to provide for other insurance to be obtained through icare.
Clause 3.4 – clarified guidance for requesting information on design and documentation resources.
Clause 4.3– updated to reflect changes in application of the Aboriginal Participation policy from 1 July 2016.
Clause 6.3 – clarified the requirements for submission of technical data.
Clause 7.1 – amended to clarify timing of submission of tender schedules.
Clause 7.2 – amended guide note to reflect adoption of eTendering; added a provision covering lateness due to the Principal’s facsimile machine being busy or malfunctioning.
Tender Schedules
Generally – added notes to clarify the tender schedules required at close of tenders and indicating the applicable envelope, if a two-envelope tendering method is used.
Schedule of Aboriginal Participation Information - added a new schedule to reflect policy requirements from 1 July 2016.
General Conditions of Contract
Clause 5.4 – amended to provide for the Principal to choose to arrange insurance for marine liability.
Clause 15.4 – re-formatted to ensure the full text is visible.
Contract Information item 9: amended guide notes and Option 1 text to provide for Works and Public Liability Insurance obtained through icare.
Preliminaries
Clause 1.4 - amended guide note about application of Long Service Levy.
Clause 3.3 – removed reference to out of date document on methods of measurement.
Clause 4.4 - updated to reflect changes in application of the Aboriginal Participation policy from 1 July 2016.
Clause 5.7:updated references to SafeWork NSW and relevant codes and guidelines; also updated requirements for inspection of formwork, to include vertical as well as horizontal formwork.
Clause 5.9 – updated references to SafeWork NSW. Also updated requirements for provision of copies of licences and permits and requirements for air monitoring.
Clause 6.1 – updated references to the ‘Environmental Management Plan’.
Clause 6.4 – updated references to regulatory authorities and legislation.
Clause 7.6 – removed references to old SCCB contract for floor coverings.
Generally
Miscellaneous updates (eg names of NSW Government agencies) and editing for accuracy, consistency and clarity.
OCTOBER 19, 2015
Preliminaries
Clause 3.3: added additional guide notes to assist in drafting the clause.
MAY 1, 2015
Conditions of Tendering
Clause 4.3: incorporated requirements of NSW Government Policy on Aboriginal Participation.
Tender Schedules
Schedule of Aboriginal Participation Information: deleted schedule.
Preliminaries
Clause 4.4: incorporated requirements of NSW Government Policy on Aboriginal Participation.
Clause 5.6:updated, added requirements in relation to preventing unplanned contact with live services and simplified by combining options.
Clause 5.7: added a requirement for a Certificate of Compliance – Electrical Work.
Generally
Updated footers and associated guide notes; checked formatting of dot points.
MARCH10, 2015
Conditions of Tendering
Clause 2.3: deleted Option 1.
Clause 4.3: deleted reference to Schedule of Industrial Relations Information.
Clause 7.1:added reference to Schedule of Compliance with NSW Government’s Impelmentation Guidelines (etc) and deleted reference to Schedule of Industrial Relations Information; clarified requirement to list Addenda on Tender Form.
Clause 7.2: updated requirements for eTendering, including reference to eQuote and some changes to text.
Clause 7.3: deleted reference to alternative tender box in McKell Building.
Tender Schedules
Schedule of WHS Management Information Part A:deletedOption 1 requiring an accredited WHS system.
Schedule of Industrial Relations Information: deleted schedule.
General Conditions of Contract
Clause 1: deleted definition of Subcontractor’s Statement.
Clause 1A:reference made to ‘Construction Compliance Unit’ in full.
Clause 5.3: increased requirement for public liability insurance from $10m to $20m.
Clause 12.3:added reference to clause 7 in 12.3 (a) and paragraph 2.
Clause 13.1: reference made to Schedule 2.
Clause 13.3: reference made to payment claim being ‘served’.
Schedule 2:labelled Combined Subcontractor’s Statement and Supporting Statement ‘Schedule 2’ and corrected typos/anomalies.
Preliminaries
Clause 1.4: updated details about Long Services Corporation and requirements.
(Old) Clause 4.4: Industrial relations management requirements deleted.
Clause 5.7:amended wording on engagement of principal contractor for consistency with WHS legislation; references updated to ‘WHS’ Management Plan; updated Incident Reports clause; made other minor amendments to wording.
Clause 5.8: updated and clarified application of hazardous substances clause.
Clause 5.9:updated asbestos removal clause.
Generally
References to NSW Buy, Office of Finance and Services updated; minor typos corrected.
APRIL 9, 2014
Preliminaries
4.4 Industrial Relations Management Guidelines updated to NSW Implementation Guidelines to the NSW Code of Practice for Procurement: Building and Construction.
5.7 OHS Management Systems Guidelines Edition 4 updated to Work Health and Safety Management Systems and Auditing Guidelines Edition 5.
JANUARY 14, 2013
Conditions of Tendering
References to OHS: updated to WHS.
Tender Schedules
References to OHS: updated to WHS.
General Conditions of Contract
Minister details: updated.
Agency name: updated.
Preliminaries
References to OHS:updated to WHS.
JANUARY 31, 2012
Preliminaries
Clause 5.7 – Site Safety Rules: ‘Safe Work Method Statements’ paragraph amended to refer to high risk construction; ‘Electrical’ paragraph amended to refer to AS/NZS 3012: 2010; ‘Hazardous substances’ paragraph amended to delete reference to ‘Material’ Safety Data Sheets; ‘Leads and Power Tools’ paragraph amended to require inspections at three monthly intervals.
JANUARY 12, 2012
General Conditions of Contract
Clause 13.9: Time for issue of final payment schedule amended from 45 days to 60 days.
Clause 13.9(b): Clause amended to include reference to ‘resolution’ of Defects (by acceptance under Clause 8.4).
DECEMBER 23, 2011
Conditions of Tendering
Clause 2.3: Updated upon introduction of new Work Health and Safety legislation.
Tender Schedules
Schedule of WHS Management Information, Parts A and B: Updated upon introduction of new Work Health and Safety legislation.
General Conditions of Contract
Clause 13.3(c): Subclause reworded for clarity.
Clause 13.9(b): Subclause amended to require defects to be rectified prior to issue of a final payment schedule.
Clause 15.3: ‘claim is received’ replaced with ‘Authorised Person’s assessment is received’in last paragraph.
Clause 15.4: ‘made’ replaced with ‘received by the Principal’in first paragraph.
Clause 16.9: Clause amended with reduced times for lodgment of security and appointment of expert.
Clause 16.10(a): Subclause amendedtoprovide additional time for first submission.
Clause 16.12: Subclause added to prevent expert incurring costs prior to lodgment of security and last subclause amended so that time for determination starts after submissions have been made.
Clauses 17.4 & 17.5: Clause numbers and location transposed.
Contract Information items 3, 4, 5 & 6: Clause references corrected.
Preliminaries
Clause 4.5 amended to include provision to request workers to provide a declaration under the Working With Children Act.
Clauses 5.6, 5.7, 5.8 & 5.9 amended in accordance with Circular 2011/11 -New Work Health And Safety Laws – Contracts And Consultancies – Transition Arrangements.
DECEMBER 05, 2011
General Conditions of Contract
Clause 15.4: Last paragraph reworded to clarify that bar applies only to claims within Post Complertion Period(s).
november 23, 2011
General Conditions of Contract
Clause 13.6: Last paragraph moved to Clause 3.10.
Clause 12.4: Requirement added for the Principal to notify the Contractor of any assessed entitlements.
Preliminaries
Section Heading 8 and Clause 8.1 removed.
New Clause 2.6 added: Asset Data Capture. Note Clause applies only to contracts for DEC
New Schedule to Preliminaries 8.2 added: SS010 Asset Data Capture Register (Sample)
Conditions of Tendering
Clause 3.2: ‘Jardine Lloyd Thompson’ replaced with ‘Willis Australia Ltd’ in Option 1.
Title Page
Title changed from ‘ Request for Tender Documents for ’ to ‘ Request for Tenders for’.
OCTOBER 18, 2011
General Conditions of Contract
Clause 1: Post Completion Period(s) added.
Clause 5.5: Requirement added for the Contractor to provide copies of any insurance policies not arranged by the Principal (other than for Professional Indemnity) for checking.
Clause 7.3: Amended to require notification ‘complying with’ the Contract, not ‘under’ the Contract.
Clause 9.4: Amended to require the Contractor’s proposal for a possible Variation to include the effect on the ‘Contract Price’ and ‘other implications to the Contract’.
Clause 13.9: Three options for payment at finalisation re-ordered, with text re-organised.
Clause 16.14: Words ‘once notified’ deleted.
Clause 17.7: Times for payment amended from ‘14 days’ to ‘10 Business Days’.
Contract Information item 7: Guide notes amended. Text for options completely rewritten to clarify.
Contract Information item 9: Website address amended and name of Insurance Broker updated.
august 08, 2011
General
Department Services, Technology & Administration replaced with Department Finance & Services.
Guide note updates.
General Conditions of Contract
General review and update throughout the document: including but not limited to;
References to“direction” replaced with “instruction”
References to“commence” replaced with “start”
Clause 7.3: Added “The Contractor has no other entitlements for materially adverse Site Conditions except under Clause 7.5.”
Clause 12: Rewording of subclause 12.3 and 12.6.
Clause 13: Added “If payment is due to the Principal from the Contractor then, within 20 Business Days after the date of issue of the final payment schedule, the Contractor is to pay the Principal any money due in accordance with the final payment schedule. The payment is a debt due and payable by the Contractor to the Principal. The Principal is to release the balance of any undertakings within 5 Business Days after receiving payment from the Contractor.”
Preliminaries
General review and update throughout the document: including but not limited to;
New Clause 2.2 added: Program
Clause 4.1: Quality Management clause updated including ITP and conformance record requirements.
Clause 2.3 & 2.4: Work As Executed Drawings and Operation and Maintenance Manuals clauses updated.
Clause 4.6: Protection of Children and Other Vulnerable People clause updated.
Clause 5.4 & 5.6: Site clause 5.4 Occupied Premises and 5.6 Existing Services.
Clause 5.7: OHS management clause updated including requirement for the Contractor to provide Design Hazard Register on completion, co-ordination of emeregncy and evacuation plan with the site occupier, and Site Safety Rules update including Amenities and Electrical requirements.
Clause 5.8: Hazardous Substances clause updated with emphasis on “Hazardous substances, that are not identified in the Contract Documents, are dealt with in accordance with this clause. General Conditions of Contract clause – Site Conditionsdoes not apply.”
Clause 6.2: Ecologically sustainable development clause updated with option for “Environmental Performance Requirement - Design and construct the Works to achieve a National Australian Built Environment Rating System (NABERS) rating of 4.5 stars for energy and water.”
Clause 8: Department Of Education And Communities - Additional Clauses.
Refers documentors to the School Facilities Standards documents SS010 for additional clauses on Department of Education And Communities contracts including ‘Asset Data Capture’.
Conditions of Tendering
Minor review and update throughout the document.
Clause 6.4: Added optional reference to “Tender Schedule -Schedule of Weighted Non-Price Criteria Information”.
february 07, 2011
Preliminaries
Clause 5.6: Added Department of Education requirements for disruption to existing services.
AUGUST 04, 2010
General Conditions of Contract
Clause 1. Added definition for Site Conditions 1.20. “works” now referred to as “work under the Contract”
Changes to descriptions and clause headings:
Clause 6. Site & Possession now “Site Access”
Clause 11. Completion of the Works now “Completion”
Clause 12. Delay in Completion now “ Delays in Reaching Completion”
“Contract Title” now referred to as “Contract Name”
Conditions of Tendering
Clause 7.2: Explanation of price information has now been included at Special Requirements for the Two-Envelope System; “Price information includes Contract Prices, Rates, Lump Sum Amounts, Provisional Allowances and Amounts for Optional Additional Works or Alternative Tenders”.
Also now states at Hard Copy and Facsimile Tenders that if the Tender has not been packaged appropriately to fit in the tender box, it may be passed over. “Any tender that does not comply with this requirement may be passed over”
JUNE 30, 2010
Conditions of Tendering
Clause 4.1: Disclosure of Tender and Contract Information – Freedom of Information Act 1989 replaced byGovernment Information (Public Access) Act 2009 (NSW).
JUNE 22, 2010
Preliminaries
Clause 4.6: Protection of Children and Other Vulnerable People clause amended. Updated link to Prohibited Employment Declaration form which can now be found via the following link
MARCH 22, 2010
Conditions of Tendering
Clause 4.1: NSW Government Preference Schemes clause deleted.
General Conditions of Contract
Clause 1.10: Amended definition for Direct Costs.
Preliminaries
Clause 4.2: Australian and New Zealand Goods clause deleted.
The clauses relevant to the NSW Government Preference Scheme have been deleted from Standard Form of NSW Procurement contracts, as the Local Jobs First Plan does not apply to theconstruction contracts.The details of the Local Jobs First Plan can be found via the followinglink
FEBRUARY 10, 2010
Title Page
Document Version Control table deleted.
General Conditions of Contract
Clause 1: New definition added for Direct Costs.
Clauses 7.3, 7.4, 9.4, 9.10, 9.11, 10.4 and 13.7: Clauses amended to refer to defined term ‘Direct Costs’.
Clause 9.4: Clause amended to clarify that 15% margin on Direct Costs for variations involving extra work is a maximum and to limit the margin in proposals for deduction variations to 5%.
Clause 9.10: Cost ‘saving’ amended to ‘reduction’.
Clause 12.3: Clause amended to clarify that delay costs are only payable when Completion of the whole of the Works is delayed and that delay costs are the Contractor’s only entitlement for delays.
Contract Information: Introductory note ‘Item numbers refer to related clause numbers’ deleted.
Contract Information item 9: Web address for the Procurement System for Construction amended.
Contract Information item 14: Guide note amended for consistency with the guide note for Contract information item 13.
Preliminaries
Clause 1.6: Reference to the Procurement System for Construction amended.
Project Environmental Management Plan: ‘1. Conservation of Plants and Wildlife’ headers adjusted (pages 28-32).
DECEMBER 15, 2009
General
Department’s name and logo updated.
Title Page
Document Version Control table added.
Tender Schedules
Tender Schedules: Incorrect guide note in the Schedule of Rates (referring to deletion of the Schedule of Prices – Lump Sum) deleted.
General Conditions of Contract
Contract Information (generally): Shading removed.
Contract Information item 13: Guide note amended to state that a delay rate ‘must’ be inserted.
Schedule 1 – Unconditional Undertaking: Amendments made to improve consistency of use of the symbol ‘»’.