37 Questions
What should the Contractor provide detailed descriptions of?
Progress and each stage of Contractor’s operations
Who are the authorised persons limited to on the Site?
Contractor’s Personnel, Employer’s Personnel, and other identified authorised personnel
What should the Contractor provide in relation to the manufacture of each main item of Plant and Materials?
Manufacturer name, manufacture location, percentage progress, and actual or expected dates of various stages
What documents should the Contractor provide copies of?
Quality management documents, inspection reports, test results, and compliance verification documentation
What should the Contractor provide comparisons of?
Actual and planned progress, with details of any events or circumstances affecting completion
What should the Contractor do to keep unauthorised persons off the Site?
Take necessary precautions
What areas should the Contractor confine the operations to?
The Site and additional areas acknowledged by the Engineer
Who can identify other personnel as authorised personnel?
Employer or the Engineer
What should the Contractor do with Contractor’s Equipment and Personnel?
Keep them within the Site and additional areas, and off adjacent land
What does 'physical conditions' refer to in Sub-Clause 4.12.1?
Natural physical conditions and physical obstructions encountered at the Site
What action should the Contractor take upon discovering unforeseeable physical conditions?
Give a Notice to the Engineer
What is the purpose of the Notice to the Engineer regarding unforeseeable physical conditions?
To inform about adverse effects on progress and cost
What is the Engineer required to do upon receipt of the Contractor's Notice?
Review the correctness and sufficiency of the Accepted Contract Amount
What does the term 'Unforeseeable' imply in the context of physical conditions?
Conditions that could not have been anticipated
What is excluded from the definition of 'physical conditions' in Sub-Clause 4.12.1?
Climatic conditions at the Site
What should the Contractor satisfy himself/herself about regarding the Accepted Contract Amount?
Correctness and sufficiency
What is the contractor responsible for in terms of providing notices to the engineer?
Giving a notice at least 21 days before delivering any plant or major goods to the site
What is the contractor accountable for in terms of goods required for the works?
Packing, transporting, and customs clearance of all goods required for the works
What is the contractor's responsibility regarding the environment?
Taking measures to protect the environment and comply with the environmental impact statement for the works
What must the contractor ensure regarding their activities and pollutant levels?
Ensuring that their activities do not exceed specified pollutant levels or those prescribed by applicable laws
What is the contractor responsible for in terms of temporary utilities?
Providing temporary utilities, unless otherwise stated in the specification
What is the contractor's responsibility regarding the security of the site?
The contractor is responsible for the security of the site and must ensure that the site is secure
What must the contractor indemnify the employer against?
Damages and expenses related to the import, transport, and handling of goods
What is the Contractor entitled to if they suffer delay or incur costs due to physical conditions?
An extension of time and/or payment, subject to specific clauses
What should the Contractor do regarding the convenience of the public or access to roads and footpaths?
Not interfere unnecessarily or improperly
What is the Contractor responsible for in terms of access routes to the Site?
Being satisfied as to the suitability and availability
What is the Contractor's responsibility regarding the prevention of damage to roads or bridges?
Take necessary measures to prevent damage
When is the Contractor entitled to an extension of time and/or payment due to non-suitability or non-availability of an access route?
If it arises due to changes by the Employer or a third party after the Base Date
What must the Contractor comply with for transport of goods?
Specific requirements
What should the Engineer do regarding physical conditions before they are disturbed?
Responsible for inspecting and investigating promptly
Who is responsible for inspecting and investigating physical conditions promptly and before they are disturbed?
The Engineer
When the Contractor suffers delay or incurs costs due to physical conditions, what are they entitled to?
An extension of time and/or payment
Who must comply with any instructions given by the Engineer for dealing with physical conditions?
The Contractor
Who is responsible for bearing the costs for special and/or temporary rights-of-way required for the Works?
The Contractor
Who must take necessary measures to prevent roads or bridges from being damaged by their traffic or personnel?
The Contractor
What must the Contractor do if non-suitability or non-availability of an access route arises due to changes by the Employer or a third party after the Base Date?
Entitled to an extension of time and/or payment
Who is responsible for complying with specific requirements for the transport of goods?
The Contractor
Study Notes
Contractor's Obligations and Responsibilities
- The Accepted Contract Amount should cover all the Contractor’s obligations under the Contract and everything necessary for proper execution of the Works.
- The Contractor must promptly provide the Engineer with information about physical conditions, their adverse effects, and reasons for considering them unforeseeable.
- The Engineer is responsible for inspecting and investigating physical conditions promptly and before they are disturbed.
- The Contractor must comply with any instructions given by the Engineer for dealing with the physical conditions, and if these instructions constitute a Variation, relevant clauses apply.
- If the Contractor suffers delay or incurs costs due to physical conditions, they are entitled to an extension of time and/or payment, subject to specific clauses.
- The agreement or determination of any claim related to delay and/or cost must consider whether the physical conditions were unforeseeable.
- The Contractor is responsible for bearing the costs for special and/or temporary rights-of-way required for the Works and obtaining additional facilities outside the Site.
- The Contractor must not interfere unnecessarily or improperly with the convenience of the public or access to roads and footpaths.
- The Contractor must continue execution of the Works using proper and reasonable measures, indemnify the Employer against damages resulting from interference, and be satisfied as to the suitability and availability of access routes to the Site.
- The Contractor shall take necessary measures to prevent roads or bridges from being damaged by their traffic or personnel.
- If non-suitability or non-availability of an access route arises due to changes by the Employer or a third party after the Base Date, and the Contractor suffers delay or incurs costs, they are entitled to an extension of time and/or payment.
- The Contractor must comply with specific requirements for the transport of goods and the non-suitability or non-availability of an access route due to changes by the Employer or a third party can entitle the Contractor to an extension of time and/or payment.
Learn about the obligations and responsibilities of contractors in construction contracts. Understand the necessary measures, indemnification, and entitlements related to physical conditions, access routes, and unforeseeable circumstances.
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