subcontract instrument

8/10/2019 Subcontract Instrument

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SUBCONTRACT INSTRUMENT

OF AGREEMENT

PROJECT:

SUBCONTRACTOR:

SUBCONTRACT NO.:

DATE:


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______________________ ______________________CICG Pty Ltd The Builder The Subcontractor

Subcontract Agreement 05 September 2012 Page 2 of 34

Subcontractor AgreementThis document is deemed Uncontrolled, if printed. To verify currency, check date last saved below against Modified Date of this document as shown on CICG Intranet.Date last saved: 5 September 2012 CICG

CONTENTS

SUBCONTRACT INSTRUMENT OF AGREEMENT ........................................................................................ 3

SCHEDULE .................................................................................................................................................. 3

GENERAL CONDITIONS OF SUBCONTRACT............................................................................................... 5

ANNEXURE 1 - SCOPE OF WORKS - GENERAL ........................................................................................ 17

ANNEXURE 2 - SCOPE OF WORKSTRADE SPECIFIC ........................................................................... 21

ANNEXURE 3 - SUBCONTRACT DOCUMENTS .......................................................................................... 22

ANNEXURE 4 - SUBCONTRACT PROGRAM............................................................................................... 23

ANNEXURE 5 - DEED OF RELEASE AND INDEMNITY .............................................................................. 24

ANNEXURE 6 - SUBCONTRACTOR STATUTORY DECLARATION........................................................... 24

ANNEXURE 7 - WARRANTY FORM .............................................................................................................. 26

ANNEXURE 8 - PAYMENT CLAIM TEMPLATE ............................................................................................ 27

ANNEXURE 9 - HSE REQUIREMENTS CHECKLIST ................................................................................... 28

OCCUPATIONAL HEALTH & SAFETY ..................................................................................................... 28INDUSTRIAL RELATIONS ......................................................................................................................... 31QUALITY CONTROL .................................................................................................................................. 32

ENVIRONMENT ......................................................................................................................................... 32

APPENDIX 10 - SWMS REVIEW FORM (SAMPLE) ..................................................................................... 33

APPENDIX 11 - SUBCONTRACTOR CHECKLIST ....................................................................................... 34


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SUBCONTRACT INSTRUMENT OF AGREEMENT

(The Subcontract)

BETWEEN:

Commercial Industrial Construction Group Pty LtdABN: 42 091 460 230

Level 4, 63 Stead Street, South Melbourne VIC 3205

Tel: 03 8696 3500 Fax: 03 9682 3559

The Builder

and

The Subcontractor

RECITAL

A. The Builder wishes to engage the Subcontractor to carry out works.

B. The works under this Subcontract may form part of works the Builder is obliged to perform under a separate head contract with a third party.

C. The Subcontractor agrees to perform such works on the terms set out below.

OPERATIVE PROVISION

It is agreed that:

1. The Subcontractor shall perform the whole of the work to be executed in accordance with the Subcontract (the Works) and all of its obligations under

the Subcontract in accordance with its terms.2. In consideration of the due and proper performance of the Subcontract by the Subcontractor, the Builder shall pay the Subcontractor the amount (the

Subcontract Sum) set out in the schedule below (the Schedule) and perform its other obligations in accordance with the Subcontract.

3. It is agreed that this Instrument of Agreement and the documents identified below in the Schedule together comprise the Subcontract (theSubcontract Documents).

4. It is agreed that no amendments will be made to this Agreement or bind the Parties unless each amendment is in writing and is countersigned againstby both Parties.

ENTIRE AGREEMENT

1. This Subcontract:

(a) contains the entire agreement and understanding between the parties on everything connected with the subject matter of this Subcontract; and

(b) supersedes any prior agreement or understanding on anything connected with that subject matter.

2. The Builder and the Subcontractor have entered into this Subcontract without relying on any representation by any other party or any personpurporting to represent that party.

3. The Subcontractor acknowledges and confirms that:

(a) the Builder (nor any person acting on the Builders behalf) has made any representation or other inducement to it to enter into this Subcontract,

except for representations or inducements expressly set out in this Subcontract;

(b) it does not enter into this Subcontract in reliance on any representation or other inducement by or on behalf of the Builder, except forrepresentations or inducements expressly set out in this Subcontract.

SCHEDULE

1) Project:

2) Project Address:

3) Site Contact Details:

4) Subcontract Works:

5) Subcontract Order No:

6) The Subcontract comprises the followingdocuments in order of precedence.

6.1 Subcontract Instrument of Agreement Refer page3

6.2 Schedule Refer page3

6.3 General Conditions of Subcontract Refer page3

6.4 Specification Refer ANNEXURE 3 - SUBCONTRACT DOCUMENTS

6.5 Drawings Refer ANNEXURE 3 - SUBCONTRACT DOCUMENTS

6.6 Scope of Works Refer ANNEXURE 1 - SCOPE OF WORKS - GENERAL and

ANNEXURE 2 - SCOPE OF WORKSTRADE SPECIFIC

6.7 Program Refer ANNEXURE 4 - SUBCONTRACT PROGRAM

7) Subcontract Sum: $0.00(excluding GST)

8) Commencement Date:


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9) Works Completion Date:

10) Defects Liability Period/Warranty: 52 weeks from the Date of Practical Completion of the Head Contract.

11) Payment Terms:

(Reference Date)

Invoice to be submitted by 10thof each month. Payment by the 15

thof the following month.

12) Retention Terms: 10% of each progress claim up to 5% of the adjusted Subcontract sum by cash retention or

alternatively two (2) Unconditional Bank Guarantees each to the value of 2 % of the adjustedSubcontract sum.

13) Retention Reduced to: 2 % of the adjusted Subcontract sum within 30 days of Practical Completion under the HeadSubcontract. Release of balance of security at expiration of the Defects Liability Period under theHead Contract.

14) Liquidated Damages (The Builder): $1,500.00 per Calendar Day

15) Liquidated Damages (Head Contract): $1,500.00 per Calendar Day

16) Site Working Hours: 56 hours being;

Monday to Thursday - 7.00am to 5.30pm

Friday - 7.00am to 3.30pm

Saturday - 7.00am to 2.30pm (Based on 1 Break + Crib time) IndustryStandard

17) Counting of Days: 1) A business day means Monday to Friday inclusive, excluding statutory and public holidaysapplicable in Victoria, Australia.

2) All reference to days in the Subcontract is to calendar days except where otherwise noted.

SUBCONTRACTORS INSURANCE DETAILS

SUBCONTRACTORS BANKING DETAILS

Signed for and on behalf of CICG Pty Ltd

Name: Peter Carnell

Signature: ..................................................................................

Date: ..........................................................................................

Signed for and on behalf of the Subcontractor

Name (print name): ....................................................................

Signature: ..................................................................................

Date: ..........................................................................................

Name of Insurance Company Limit of Cover Policy Number Expiry Date

Public Liability Policy

Workers Compensation Policy

Contract Works Insurance

Account Name Name of Bank BSB No. Account Number


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GENERAL CONDITIONS OF SUBCONTRACT

1 GENERAL

1.1 The Subcontractor agrees to perform all of its obligations under the Subcontract in accordance with its terms and so asto meet, except to the extent of any inconsistency, the requirements of the Head Contract, a copy of which is available

upon request.

1.2 Definitions:

1.2.1 'Claim' means any claim, action, demand, proceeding, suit or cause of action for an extension of the time (ortimes) within which the Subcontractor is required to execute the Works, an adjustment or addition to theSubcontract Sum, any Compensation from the Builder, relief from any of the Subcontractor's obligations orliabilities arising out of the Subcontract, or any other legal or equitable right, remedy or claim.

1.2.2 Completion' is that stage in the execution of the work under the Subcontract when;

a) the works under the Subcontract are complete, in accordance with the Subcontract and are fit for useand occupation;

b) those tests which are required by the Subcontract to be carried out and passed have been carried outand passed;

c) documents and other information required under the Subcontract have been supplied to the Builder;

d) all warranties, certificates, as-built drawings and manuals have been supplied to the Builder;

e) the works under the Subcontract are compliant with all applicable Legislative Requirements andApprovals; and

f) the works under the Subcontract have been cleaned to a professional standard.

1.2.3 Works Completion Date shall mean the date stated in item9) of the Schedule and as adjusted in considerationof any approved extension of time claims submitted by the Subcontractor and approved by the Builder.

2 THE WORKS

2.1 The Works must be carried out by the Subcontractor in a proper and professional manner and to the Builders completesatisfaction in accordance with:

a) the Plans and Specifications;

b) all standards, codes and legislative requirements applicable to the Works; and

c) the provisions of this Subcontract so that the Works are fit for their intended purpose.

2.2 Where there is any inconsistency / discrepancy between any of the requirements set out in Clause2.1 theSubcontractor shall be deemed to have allowed for the Works to be carried out in accordance with the highest standard,quality or quantum which can be ascertained from such requirements. In all cases the Subcontractor shall notify theBuilder in writing as soon as possible with details of the inconsistency / discrepancy and the Builder will direct theSubcontractor as to the manner in which the inconsistency / discrepancy is to be resolved and any cost deductionagreed (if applicable).

2.3 If part of the Works involve design work to be carried out by the Subcontractor (Design Work), then the Subcontractormust ensure that:

2.3.1 it carries out the Design Work to a high standard of skill and care using suitably qualified persons (including allconsultants); and

2.3.2 all designs provided to the Builder by the Subcontractor:

a) are suitable, appropriate and fit for their intended purpose; and

b) do not infringe copyright or any other protected right.

2.4 The Subcontractor must provide the Builder with all calculations, certificates and any other information relating to DesignWork carried out by the Subcontractor or its consultants upon request and within the time specified by the Builder.

2.5 The Builder is not required to review, comment upon or check any of the design documents provided by theSubcontractor as part of the Design Work. However, any review or comment by the Builder in relation to suchdocuments does not relieve the Subcontractor from responsibility from the Subcontractor's errors, omissions ordepartures from the requirements of this Subcontract.


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2.6 The Subcontractor must at all times, co-operate and co-ordinate the Works with the Builder, other subcontractors andother persons on the Site.

2.7 The Subcontractor shall have no Claim arising from its obligations in this Clause2.

3 AUTHORITIESPERMITS, NOTICES, INSPECTIONS, FEES AND WARRANTIES

3.1 Subcontractor to arrange

Where any notice, permit and/or approval is required by any Authority having jurisdiction over the Works, theSubcontractor shall give any notice and/or apply for any approval or permit, and supply all necessary plans andinformation. The Subcontractor shall obtain all permits in time to ensure no delay to the Works occurs, and shall pay allrequisite fees.

3.2 Subcontractor to pay fees

If the fees payable to an Authority vary after the date of this Agreement, the Subcontract amount will be adjustedaccordingly, provided that the details of each fee payable are included in the Subcontract amount. The Subcontractormay make arrangements with the Builder for the Builder to submit the necessary documents on its behalf, but theBuilder will not be obliged to apply to Authorities for permits or similar approvals where the Subcontractor can make theapplications directly.

3.3 Subcontractor to obtain warranties and guarantees

The Subcontractor shall obtain and provide all guarantees and warranties specified under the Head Contract, includingbut not limited to the supply and installation of materials, goods and equipment, which extend beyond the defects liabilityperiod and ensure that all such guarantees and warranties are made in favour of the Builder and any third partynominated by the Builder.

4 PRICE & PAYMENT

4.1 The Subcontract Sum is a fixed lump sum price for all work required under the Subcontract and shall not be adjustedexcept as expressly permitted by the Subcontract.

4.2 The Builder will pay the Subcontractor in progressive instalments. Each payment will be based on the value of theWorks completed by the Subcontractor as assessed by the Builder as at the Reference Date. In making itsassessment the Builder may take into account the reasonable cost of completing the Works and the cost to rectify anydefects in the Works. Payment will only be made if:

4.2.1 The Subcontractor has returned an executed copy of the Subcontract Instrument of Agreement to the Builder.

4.2.2 The Subcontractor submits a Payment Claim for payment with all relevant details as outlined on the PaymentClaim Template (referANNEXURE 8 - Payment Claim Template)(original copy via post preferred)directly tothe Builder at its Head Office on the Reference Datespecified in the Schedule and in a form acceptable to theBuilder, which must include:

a) a signed Statutory Declaration in the form of Annexure 6.

b) Certificate of Currency of public liability insurance, workers compensation;

c) evidence acceptable to the Builder, acting reasonably, of payments in superannuation, redundancy andlong service leave in accordance with employee EBA's and/or award conditions, and the claim must setout the value of all applicable taxes, including sales tax; and

d) the Subcontractor is not in breach of a term of this Agreement.

4.3 The amount assessed by the Builder shall be paid by the Builder in accordance with the Payment Terms provided for inthe Schedule, provided the Subcontractor has complied with the requirements in Clause4.2.

4.4 Any instalment paid by the Builder is a payment on account only. Any payment by the Builder does not mean that theWorks or any part of the Works are approved by the Builder, that the Builder agrees with the value of the workperformed, or that the work complies with the requirements of this Agreement.

4.5 Within 28 days of completion the Subcontractor shall submit a penultimate payment claim which shall include all of thedetails and documents required by Clause4.2 and an executed Deed of Indemnity & Release in the form ofANNEXURE 5 - DEED OF RELEASE AND INDEMNITY of the Subcontract. It is a condition precedent to thesubmission of a valid claim and the making of any payment that the claim strictly complies with this clause. The Builderwill assess the claim and make payment of the amount assessed in accordance with the payment terms in item11) ofthe Schedule.

4.6 If the Subcontractor fails to provide the Builder with satisfactory evidence of payment as required in Clause4.2.2c),theBuilder may make payments directly to the persons who have not been paid, and the Subcontract Sum will be reducedby any amount paid by the Builder under this clause.


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4.7 The Subcontractor will not be entitled to the final payment with respect to the Works, including any variations orretentions, until the Subcontractor returns an original executed copy of the Warranty Form (referANNEXURE 7 -Warranty Form)in accordance with Clause9.3.

4.8 The Subcontractor will not be entitled to claim payment for any unfixed goods or materials.

5 TAXES AND CHARGES

5.1 Unless otherwise stated, any sales tax, Goods and Services Tax, stamp duty or other taxes, import & Customs or anyother duties, fees or cartage are included in the Subcontract Sum.

6 TIME

6.1 Commencement and Completion

The Subcontractor shall commence the Works on Site by the Commencement Date nominated in the Schedule, or anyother date notified to the Subcontractor by the Builder, and achieve completion by the Works Completion Datenominated in the Schedule.

6.2 Builder may adjust Times

The Builder may by notice in writing at any time to the Subcontractor, adjust the Works Completion Date, ConstructionProgram, any Milestone Dates or the sequence for the performance of the Works and the Subcontractor must complywith the notice at the Subcontractors sole expense.

6.3 Delay Notices and Time Extensions

6.3.1 The Subcontractor must notify the Builder in writing within three (3) days of the date on which any event whichmay cause a delay to the Works occurs. The Builder will grant the Subcontractor an extension of time to theWorks, if, in the Builders opinion the delay will cause a delay to the Works, and the Subcontractor is not directlyor indirectly responsible for the event causing the delay, has taken all practicable steps to avoid or minimise thedelay and, (where applicable) only to the extent that the Builder is granted an extension of time for the delay bythe Principal, provided that;

a) the Subcontractor has complied with its obligations under Clause6.3 of this Agreement;

b) the Subcontractor has taken all steps to anticipate, minimise, mitigate or prevent the delay or the effectof the delay; and

c) the delay is beyond the reasonable control of the Subcontractor and is due to:

i Inclement weather;

ii acts of prevention by the Builder, Principal or their agents;

iii any act, default or omission by the Builder, its consultants or agents;

iv a variation, provided that the Subcontractor has otherwise complied with Clause7 of thisSubcontract; or

v industrial relations not directly caused by, contributed to or involving the Subcontractoroccurring before, on or after the Date for Practical Completion.

d) the Subcontractor can demonstrate to the satisfaction of the Builder that the delay affects the criticalpath of the Subcontractors activities current at the time of the delay.

e) any extension of time to the Date for Practical Completion granted by the Builder shall be in writing andsigned by the Builders Project Manager.

f) if some causes of delay fall within Clause6.3.1 c) and some do not, the Subcontractor must make anapportionment of the delay according to the respective causes of the delay. If delay caused by theSubcontractor is concurrent only with delay due to a cause listed in Clause6.3.1c)iii,then theSubcontractor will not be entitled to an extension of time for that period of delay.

g) the Subcontractor must provide any details and information to assist in the assessment of an extensionof time claim as and when requested by CICG.

6.3.2 The Builder may extend the Works Completion Date at any time even if the Subcontractor has not provided anotice under this clause, but the Builder is under no obligation to exercise this discretion fairly or for the benefitof the Subcontractor.

6.4 Rate of Progress

The Subcontractor shall proceed with the Works expeditiously, must constantly use its best endeavours to avoid delay


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in the progress of the Works and shall do all that may be reasonably required by the Builder to expedite the completionof the Works. The Subcontractor accepts the financial risks of all increased costs and all losses however incurred orsustained in the execution of the Works, and which result directly or indirectly from any changes in sequence, delay ordisruption which occurs or arises in connection with the Works. The Subcontractor acknowledges and agrees that anyextension of time granted by the Builder shall be the Subcontractors sole remedy for any delay or delays including,without limitation, any delay or delays caused by any breach of the Subcontract by the Builder (Delay). TheSubcontractor further acknowledges and agrees that the Subcontractor shall not be entitled to any increase in oradjustment to the Subcontract Sum, or to any other monetary compensation or damages (including damages for breachof Subcontract) losses, costs and/or expenses suffered or incurred directly or indirectly by the Subcontractor and/or itssecondary Subcontractors from a Delay, or any disruption caused by the Delay.

6.5 Compliance with Programme

The Subcontractor must comply with any programme requirements directed by the Builder including the preparation andupdating of basic programs for the performance of the Work. The Subcontractor must also cooperate with the Builderand other Subcontractors on the Project to ensure that the Works are completed as soon as practicable, and in anyevent by not later than the Works Completion Date.

6.6 Coordination

The Subcontractor shall ascertain the requirements of other Subcontractors to the Builder, and shall provide the Builderwith all necessary information to enable the Builder to coordinate the installation of the Work so as to minimiseinterference with other work, and to secure the execution of the Project in the most efficient manner. The Subcontractorshall cooperate with the Builder and all other Subcontractors and make all necessary arrangements with the Builder foraccess to the Site.

6.7 Liquidated Damages

If the Works do not reach Completion by the Works Completion Date nominated in the Schedule or those dates issuedin the Construction Program as extended under the terms of this Subcontract, the Subcontractor shall pay or allow theBuilder by way of liquidated and ascertained damages the amount specified in Item14) of the Schedule from the WorksCompletion Date up to and including the date the Works reach Completion. The Builder may deduct any liquidateddamages accruing under this Clause from any moneys which may be or thereafter become payable to Subcontractor bythe Builder.

If a delay by the Subcontractor causes or contributes to the Builder becoming liable for liquidated damages under theHead Contract, in addition to the Subcontractors liability under Clause6.7,the Subcontractor shall also indemnify theBuilder for its liability for liquidated damages payable under the Head Contract (in the amount specified in Item15) ofthe Schedule) including any other loss or damage that the Builder has incurred the Subcontractor must pay to theBuilder its proportionate share of that loss or damage.

The subcontractor acknowledges and agrees that the liquidated damages payable under Clause6.7 are a genuine andreasonable pre-estimate of the loss likely to be suffered by the Builder as a consequence of delay to the Project if theSubcontractor fails to achieve a Milestone by the date required under the Construction Program or to bring theSubcontract Works to Completion by the Date for Completion.

7 VARIATIONS

7.1 The Builder may at any time and from time to time vary the Works by notifying the Subcontractor that the Works are tobe varied and providing details of such variation ('Variation Notification'). A Variation Notification under this clause willexpressly state that it is a Variation Notification issued under this clause of the Subcontract and may include a drawing,instruction or direction which demonstrates or explains the variation to the Works.

7.2 If the Subcontractor considers that any drawing, instruction or direction issued by the Builder which does not expresslystate that it is a Variation Notification issued under this clause of the Subcontract which will or may give rise to avariation, it must notify the Builder in writing within five (5) days of issue of the same that the Subcontractor considers itis a variation. If the Subcontractor fails to provide such notification but nevertheless proceeds to carry out the work

which is the subject of the drawing, instruction or variation, it is not entitled to any claim to the Subcontract Price or tomake any claim for payment under this Subcontract or to any extension of time to the Date for Practical Completion orotherwise at law.

7.3 Where the Builder issues a Variation Notification, the following provisions apply:

7.3.1 the Subcontractor must carry out the variation (unless the Builder determines that another person will carry outthe work which is the subject of the variation, in which case, the Subcontractor will permit such other person tocarry out that work);

7.3.2 the Subcontractor must provide the Builder with an estimate of the cost and impact on the Date for PracticalCompletion of such variation and obtain the Builders consent in writing to the estimate prior to proceeding withthe variation, unless the variation works are of an urgent nature, in which case the Builder may instruct theSubcontractor to proceed immediately. If the Builder issues such an instruction, the Subcontractor must providethe Builder with details of the impact of the variation on the cost and Date for Practical Completion as soon as


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possible thereafter;

7.3.3 the actual additional cost or saving in respect of the variation shall be as agreed between the Builder and theSubcontractor, and absent agreement between them within such period as the Builder may allow, asdetermined by the Builder applying reasonable rates;

7.3.4 the Subcontract Price will be increased or decreased, as the case may be, by the additional cost or savings of

the variation as determined by the application of this Clause7;and

7.3.5 the Date for Practical Completion will be adjusted in accordance with Clause6.3 and Clause7 to reflect a fairperiod determined by the Builder acting reasonably, provided that the Subcontractor complies with Clause6.3and Clause7.

7.3.6 The Subcontractor must provide any details and measurements to assist in the valuation of a variation as andwhen requested by the Builder.

8 INSPECTION

The Builder shall have the right of access to the Subcontractors premises upon reasonable notice to inspect any workin progress that is part of the Works.

9 PROTECTION AND INSTALLATION WORKS

9.1 The Subcontractor shall monitor, protect and fully supervise their Subcontract Works during construction.

9.2 At the commencement of setting out of all or part of the Works, and at regular intervals thereafter, the Subcontractorshall check the progress of construction on Site:

9.2.1 to ensure that the set out, location, working dimensions and tolerances shown on the Subcontractorsconstruction drawings are being adhered to by the Builder and other trades carrying out work adjoining theWorks; and

9.2.2 to ensure that the Works will fit in with other subcontract works as specified and detailed on the Architecturaland set out drawings; and

9.2.3 to compare the relationship between its Works and other approved Subcontractors construction drawings, theArchitectural drawings and any partially or fully completed adjoining works; and

9.2.4 to ensure the timely installation of the Works and to ensure that the Subcontractor is not built out by othertrades; and

9.2.5 to ensure that the dimensions of the Works or any part thereof are compatible with that part of the Works into

which they are to be installed.

9.3 Warranty Form

The Subcontractor shall at the completion of the works, execute the Warranty Form, as provided inANNEXURE 7 -Warranty Form,to confirm that all labour, plant & materials have been procured, supplied and installed as per the fullextent of the Subcontract The Works. The Subcontractor agrees to forever warrant and indemnify the Builder for anyomissions to the Subcontract, whenever found for a period not less than seven (7) years from the date of the HeadContract final certificate. The Subcontractor agrees to warrant the Builder, Beneficiaries or an assigned Beneficiary forthe period as nominated in the Warranty Form that The Works are fit for purpose and complete as per the Subcontract. It is a condition precedent that an original copy of the Warranty Form shall be executed and returned to the Builder (attheir complete satisfaction) prior to the release of the final progress claim payment or release of Security (CashRetention, Bank Guarantee).

9.4 Site Deliveries

The Subcontractor shall ensure the goods and materials delivered to the site are accepted and signed as confirmation

of receipt by the Builder's Site Manager or his representative and stored in a secure place. The Builder shall not beliable for goods and materials once delivered to site.

9.5 Subcontractor Responsible for on Site Storage

The Subcontractor shall be responsible for the storage, protection and insurance of tools, goods and materials, whetheron or off the Site or in transit. Upon delivery to the Site, all goods and materials shall immediately be properly stackedand protected from the weather, dampness and dust with particular attention to preventing ingress to working parts andpipes. The Builder will provide areas to the extent practicable for the Subcontractor to locate a storage shed and otherareas for the storage of materials. The Subcontractor shall be responsible for storing, and for the safety of allequipment which cannot be accommodated on the Site. Goods and materials built into the structure are to be protectedby the Subcontractor from damage and remain its responsibility until Practical Completion of the Project or as otherwisedetermined by the Builder.


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9.6 Subcontractor to comply with the Builders Instructions on Storage

The Subcontractor shall confer with the Builder and accept its instructions with regard to storage of materials,particularly heavy loads. All goods and materials shall be stored clear of floor slabs on timber packers. Stored goodsand materials may need to be relocated by the Subcontractor, at its expense, as directed by the Builder.

9.7 Ownership of goods

Ownership of all goods and materials delivered to site will remain that of the Subcontractor until installed and/or fixedinto final position in accordance with the subcontract documents and to the complete satisfaction of the Builder . TheSubcontractor shall not remove any goods or materials from site without the prior written consent of the Builder.

9.8 Day Docket Signing

The Subcontractor acknowledges and accepts that the Builder or its Representative may sign a Day Docket uponrequest, but in doing so it is only to verify that the works took place and that it does not in any way constitute anInstruction or Variation pursuant to the Subcontract or is a commitment to make payment.

9.9 Care of Work Under the Subcontract

From and including the earlier of the date of commencement of work under the Subcontract and the date on which theSubcontractor is given possession of the Site to 4 p.m. on the Date of Practical Completion of the Works, theSubcontractor shall be responsible for the care of the work under the Subcontract.

Without limiting the generality of the Subcontractors obligations, the Subcontractor shall be responsible for the care ofunfixed items of value which has been included in a payment certificate under Clause4,things entrusted to theSubcontractor by the Builder for the purpose of carrying out the work under the Subcontract, things brought on the siteby subcontractors for that purpose, the Works, the Temporary Works and Constructional Plant, and the Subcontractorshall provide the storage and protection necessary to preserve these items and things, and the Works, the TemporaryWorks and Constructional Plant.

After 4 p.m. on the Date of Practical Completion the Subcontractor shall remain responsible for the care of outstandingwork and items to be removed from the site by the Subcontractor and shall be liable for damage occasioned by theSubcontractor in the course of completing outstanding work or complying with obligations under the Subcontract, anySite Instructions, any tests required and the Defect Liability Period.

9.10 Insurance of the Works

Before the Subcontractor commences work and before payment of the first Progress Claim, the Subcontractor shall takeout and keep current for the life of the Subcontract an insurance policy with the Builder endorsed on the policy statingthat it is an interested party covering all the things referred to in Clause9.9,including but not limited to, the Works under

the Subcontract, stock in trade, materials supplied and accidental damage against loss or damage resulting from anycause whatsoever until the Subcontractor ceases to be responsible for their care.

Without limiting the generality of the obligation to insure, the policy shall cover the Subcontractors liabilities forreinstatement and things in storage off site and in transit to the Site.

10 DOCUMENTS

10.1 Subcontractor Warranty

The Subcontractor warrants that it has inspected the Site, examined all documents comprising the Subcontract,obtained all other information necessary to complete the Works, determined the scope and extent of the Works andassessed the amount of temporary work, and the quality of materials, labour and plant necessary to complete theWorks. The Subcontractor also warrants that the Subcontract Sum allows for all costs necessary to complete the Worksin accordance with this Subcontract.

10.2 Quantities and Dimensions

The Subcontractor must make its own assessment of quantities and must check dimensions at the site beforecommencing manufacture or installation. The Subcontractor must remedy at its own cost, any errors in dimensionsmeasured by the Subcontractor.

10.3 Effect of Builder Approval

Approval or review by the Builder of any drawings or work shall not be deemed to waive or affect any right of the Builderor reduce the responsibility of the Subcontractor in respect of the Works or permit the Subcontractor not to comply withor reduce any other obligations of the Subcontractor under the Subcontract. No approval shall constitute an authorityfor a variation except when the variation is authorised as provided for in the Subcontract.

11 SITE

The Subcontractor warrants it has inspected the Site, including its surroundings and local conditions, access to it,


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facilities on it or near it and physical conditions above and below the surface and has allowed for all costs associatedwith these matters in the Subcontract Sum. Where applicable, the Subcontractor is responsible for accuracy of the setout of the Works.

12 CLEAN UP

The Subcontractor shall keep the Works clean and tidy and shall regularly remove rubbish. If the Subcontractor fails to

observe this requirement, the Builder may carry out or procure the removal of such rubbish and deduct the cost soincurred from any payment otherwise due to the Subcontractor.

13 DEFECTS LIABILITY PERIOD

13.1 Defect Rectification

If any defects are caused by or discovered in goods or materials supplied by the Subcontractor or work undertaken bythe Subcontractor, the Subcontractor must rectify them at the Subcontractors expense within the time instructed by theBuilder.

13.2 Defect Liability Period

The defects liability period commences on the date of Practical Completion under the Head Contract and continues untilthe expiry of the defects liability period under the Head Contract. If the Subcontractor does not rectify the defects to thesatisfaction of the Builder within any period of time notified to it by the Builder during the defects liability period, theBuilder may extend the defects liability period or may arrange for the rectification of the defects to be carried out by

another person at the Subcontractors expense.

14 ASSIGNMENT

The Subcontractor must not assign or sub-let any part of the Subcontract or the Works without the Builders written consent.

15 SITE INSTRUCTIONS

The Subcontractor must carry out any lawful instruction which the Builder gives to the Subcontractor in writing relating to anyaspect of the Works within the prescribed time on the Instruction or where no time is prescribed, within a reasonable time.

16 SUPERVISION

16.1 Subcontractors Representative

While the Works are being carried out, the Subcontractor must always have on Site a competent supervisor who cancommunicate with other people on site, and who is authorised to receive instructions or requests from the Builder("Supervisor"). Any instruction given to the Supervisor by the Builder's Site Manager or his representative shall be

deemed to be given to the Subcontractor.

The Supervisor must be familiar with all safety procedures applicable to building projects similar to the Project. TheBuilder may direct the Subcontractor to replace the Supervisor if the Builder considers that the Supervisors conductmay prejudice the successful and timely completion of the Project. The Subcontractor shall ensure as far as possiblethat the same staff stay on the Project from the date of commencement on Site to the Works Completion Date.

16.2 Control of Employees

The Subcontractor shall ensure that all employees for whom it is responsible remain working on Site at all times whilealleged industrial or similar disputes are being discussed between the Builder, the relevant Safety Committee and/orUnion Representatives.

The Subcontractor shall immediately inform the Builder of any industrial relations issues which arise in connection withthe Works, and shall comply at its own cost with the Builders directions on those issues.

16.3 Dismissal and Removal of Employees

The Supervisor shall, on the request of the Builder, dismiss from the Works any person who may cause trouble, beincompetent and/or misconduct himself on the Site, and that person shall not again be employed on the Works withoutthe permission of the Builder. The Supervisor shall keep all persons employed by the Subcontractor and/or itsSubcontractors under control within the boundaries of the Site.

16.4 Site Agreement

The Subcontractor shall ensure that it and its subcontractors are familiar with, and comply with all relevant Federal andState Government Workplace Industrial Agreements / requirements relevant to the performance of the Works. TheSubcontract Sum includes an allowance for all costs and expenses resulting from those agreements in relation to theperformance of the Works.

17 SECURITY FOR PERFORMANCE


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17.1 Security / Retention

The Subcontractor must provide security / retention for performance of its obligations under the Subcontract as set outin item12) of the Schedule.

17.2 Reduction of Security / Retention

The Builder will reduce the Subcontractors security / retention as set out in item13) of the Schedule.

18 SAFETY

18.1 General

18.1.1 The Subcontractor shall carry out the whole of the Works in a thoroughly safe manner and in particular shall:

a) conform and procure that its subcontractors conform to the requirements of all relevant Acts or Statutesof Parliament, Regulations, By-Laws or orders, and any agreement between the Builder and the Unionsrelating to the safety of persons on or about the Site;

b) ensure that all tools and tackle, gear, staging, scaffolding, ladders, machines, winding arrangementsand other equipment used in connection with the Works are of adequate strength and safe for use andare tested and labelled in accordance with, and comply with, the Rules and Regulations of any relevantAuthority;

c) immediately discontinue or procure the discontinuance by others of any practice or remove anyequipment which becomes or is likely to become unsafe;

d) ensure the removal from the Project promptly of any of its employees or representatives or those of anysubcontractor whose conduct tends to create any dangers to themselves or others or to the Project;

e) maintain in position any safety barricades, screens, work protection, etc. placed in position by theBuilder or any other Subcontractor. If safety barricades, screens, work protection, etc. are required tobe moved in order for the Subcontractor to carry out its obligations, the Subcontractor shall consult withthe Builder prior to moving any safety barricades, screens, work protection, etc., and

f) Comply with any direction given by the Builder's Site Manager.

g) Adhere to, and by way of executing Annexure 9 agree to specific CICG HSE requirements for theproject

18.2 Induction

The Subcontractor shall ensure that each of its employees attends a site specific induction and submits a TradeSpecific Safe Work Method Statement (SWMS) on site prior to its employees starting work and that an accurate recordof these inductions and attendees is maintained on the Site.

18.3 Maintenance of Scaffolding and Elevated Work Platforms

18.3.1 The Subcontractor must:

a) provide, maintain and ensure its employees use all scaffolding necessary for the execution of theWorks;

b) ensure that any scaffolding so provided complies with the requirements of all relevant authorities havingjurisdiction over the Works or the Project;

c) provide adequate supervision for all labour employed by the Subcontractor; and

d) ensure that any elevated work platforms used by the Subcontractor are serviced and maintained inaccordance with the recommendations of the manufacturer, and maintain on Site a copy of the serviceand maintenance records for all elevated work platforms.

18.4 Subcontractors General Safety Obligations

The Subcontractor must provide written safety procedures for the Works, and provide all safety equipment andmaterials.

18.5 Subcontractor to indemnify the Builder

18.5.1 If the Subcontractor:

a) fails to comply with any safety requirement; and

b) the Builder incurs losses or additional cost and expense as a consequence of that failure,


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18.5.2 the Builder shall be entitled to deduct the losses, cost and expense so incurred from any monies due to or whichmay become due to the Subcontractor.

19 SUBCONTRACTOR TO REMEDY DAMAGE TO OTHERS WORKS

The Subcontractor shall be responsible for making good at its expense any damage to the work of other subcontractors orPublic Authorities works, services, fencing/safety paths, piping, roadways, kerbs and guttering or any adjoining property which

may be disturbed and/or damaged due to the execution of the Works. All necessary repairs shall be carried out promptly, orthey may be carried out by the Builder, and the costs deducted from the Sub Subcontract Sum.

20 SET OFF

20.1 The Builder may, by giving the Subcontractor prior written notice at any time, set off any of the following amountsagainst any amount payable by the Builder to the Subcontractor.

a) any amount the Subcontractor is required to pay under this Subcontract;

b) any costs the Builder incurs by doing something the Subcontractor is required to do under thisSubcontract;

c) any amount by which, in the Builders reasonable opinion, the value of the Works is reduced becausethe Subcontractor has failed to comply with any of its obligations under this Subcontract;

d) any loss or costs or expenses incurred by the Builder as a consequence of any breach of this

Agreement by the Subcontractor.21 NOTICES

Where a notice or instruction has to be given under this Subcontract, it may be given by hand, facsimile transmission, emailtransmission or sent by post to the address set out in this Subcontract, or a substitute address that has been notified in writingto the other party.

22 TIME BAR FOR CLAIMS

22.1 Except as provided for elsewhere in this Subcontract, the Subcontractor shall not have any right to receive payment ofor recover a claim for money against the Builder arising out of the Works or the Subcontract (other than progressclaims), unless the Subcontractor gives to the Builder:

a) a written notice not later than five (5) days after the first occurrence of the event on which the claim isbased, stating that it intends to make a claim; and

b) a further written notice within five (5) days of the first notice, providing detailed particulars of the basis

for and the amount of the claim.

23 DEFAULT BY THE SUBCONTRACTOR AND RIGHTS OF THE BUILDER

23.1 Subcontractor Default

23.1.1 If in the Builder's opinion the Subcontractor is in default of any of its obligations under the Subcontract, theBuilder may issue notification to the Subcontractor of its default in the form of a Corrective Action Report.

23.1.2 The Subcontractor shall be deemed to be in default with respect to the subcontract if:

a) the Subcontractor wholly or partly suspends the Works without reasonable cause;

b) the Subcontractor fails to proceed with the Works regularly and diligently in a competent manner or failsto proceed with the Works in accordance with the Construction Program, and does not remedy thatfailure within five (5) days of being notified in writing by the Builder of that failure;

c) the Subcontractor fails to comply or unreasonably delays in complying with an instruction or directiongiven by the Builder;

d) the Subcontractor breaches any other term or condition of this Subcontract and does not remedy thatbreach within five (5) days of notice being given to the Subcontractor by the Builder setting out thenature of the breach;

e) the Subcontractor is or becomes insolvent;

f) execution is levied against the Subcontractor by any of its creditors; or

g) a mortgagee, administrator or Controller (as defined in the Corporations Act 2001 (Cth)) seeks toexercise any right of possession, management or control over any of the Subcontractor's property or isappointed to the Subcontractor,


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23.2 Content of a Corrective Action Report

23.2.1 A Corrective Action Report issued under this Clause shall:

a) state that it is a Corrective Action Report;

b) provide details of the manner in which the Subcontractor is in default under the Subcontract;

c) specify 'immediate corrective actions' to be taken by the Subcontractor, being steps that are required tobe taken by the Subcontractor in order to remedy its default; and

d) specify the timeframe within which these steps are required to be taken.

23.3 Failure to comply with a Corrective Action Report and rights of the Builder

23.3.1 If the Subcontractor fails to take the steps specified in a Corrective Action Report issued under this Clause23and/or to remedy the default identified in the Corrective Action Report within three (3) business days, the Buildermay by giving written notice to the Subcontractor:

a) take out of the hands of the Subcontractor the whole or any part of the Works remaining to becompleted; or

b) terminate the Agreement.

23.4 Rights of the Builder upon taking over the whole or part of the Works

23.4.1 If the Builder takes over the Works, or any part of the Works, it may:

a) employ other people to carry out and complete all or part of the Works at the Subcontractors expense;and

b) use any of the Subcontractors plant, tools or equipment for the purposes of completing the Workswithout payment of compensation to the Subcontractor;

23.4.2 The Builder will not be required to make any further payments to the Subcontractor until the Works,

a) are completed and a final accounting of the respective financial entitlements of the Builder and theSubcontractor has been undertaken. Following the carrying out the final accounting of the financialentitlements of the Builder and the Subcontractor, the Builder shall provide the Subcontractor with awritten reconciliation setting out the cost incurred by the Builder in completing the Works, including thecalculations employed in arriving at that cost, the amount that would have been paid to theSubcontractor if the Works had been completed by the Subcontractor, and the difference between these

2 amounts.

b) if the cost incurred by the Builder in completing that part of the Works taken out of the hands of theSubcontractor is greater than the amount that would have been payable to the Subcontractor had itcarried out the Works, the difference shall be a debt due to the Builder. Whereas, if the cost incurred bythe Builder in completing the Works is less than the amount that would have been payable to theSubcontractor, the difference shall be a debt due to the Subcontractor.

23.5 Builder's right to immediately terminate the Subcontract

Without prejudice to any other rights or remedies available to the Builder, if in the Builders opinion, the Subcontractorcommits a serious and material breach of its obligations under this Subcontract or has not proceeded with the Workscompetently or with reasonable diligence, the Builder may terminate the Subcontract by giving written notice to theSubcontractor.

23.6 Termination for Financial Default

23.6.1 The Builder may terminate the Subcontract by written notice to the Subcontractor if:a) the Subcontractor dies; or

b) the financial position of the Subcontractor changes materially subsequent to the date of theSubcontract; or

c) the Subcontractor tries to enter into a composition or arrangement with creditors; or

d) any attempt is made to wind the Subcontractor up, bankrupt the Subcontractor, make the Subcontractorinsolvent, appoint an administrator or official manager or receiver for any of the Subcontractors propertyor undertaking; or

e) an execution is levied against the Subcontractor.


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23.7 Termination for Convenience

The Builder may at any time for any reason terminate this Subcontract by written notice to the Subcontractor referencingthis provision of the Subcontract. In the event that the Subcontract is terminated pursuant to this clause theSubcontractor shall be entitled to payment for work performed and for materials reasonably ordered, which cannot berestocked, upon title passing to the Builder. The Subcontractor shall have no other Claim against the Builder.

23.8 Builders Limit of Liability

23.8.1 If the Builder repudiates the Subcontract and the Subcontractor terminates the Subcontract, the Subcontractoris;

a) only entitled to claim damages for breach of contract; and

b) not entitled to a quantum meruit.

This clause shall survive termination of the Subcontract.

24 DISPUTE RESOLUTION

24.1 If a dispute arises under this Subcontract, either party may at any time give written notice to the other requesting that asettlement meeting take place. The notice shall provide sufficient details of the matter in dispute to enable the partynotified to investigate the basis of the dispute. Nominated representatives of both parties must meet within fourteen (14)days of the notice, and endeavour to resolve the dispute in good faith.

24.2 If after fourteen (14) days of the settlement meeting, the dispute remains unresolved, the dis-satisfied party may pursueits claim by litigation.

24.3 Despite the existence of a dispute, the Subcontractor shall continue to perform and execute the Works in accordancewith the Subcontract.

25 CONFIDENTIALITY

25.1 Except as required by the law, the Subcontractor shall ensure that any information provided to the Subcontractor duringthe course of the execution of the Subcontract Works shall not, without the prior written consent of the Builder, be usedby the Subcontractor or supplied or conveyed to any other party for any purpose other than the execution of theSubcontract Works in accordance with this Contract.

26 LIABILITY, INDEMNITY AND INSURANCE

26.1 The Subcontractor hereby indemnifies the Builder, its employees, agents and consultants against any loss, damage,injury or liability howsoever arising (including consequential loss and payments to third parties) in respect of the Works

or through the execution of the Works whether to buildings, goods or property of any kind or persons.

26.2 The Subcontractor shall compensate the Builder, its employees, agents and consultants in full regarding or inconnection with any such loss, damage, injury or liability. The Builder may deduct from any moneys otherwise due orbecoming due to the Subcontractor under the Subcontract such loss, damage, injury or liability in whole or in part.

26.3 The Subcontractor shall effect and maintain the insurances specified in the Schedule and upon request providecertificates of currency in a form acceptable to the Builder.

27 COMPLIANCE WITH THE LAW

The Subcontractor must comply with any requirement under any legislation, regulations, awards, orders, codes, standards andordinances of relevant authorities applicable to the Works and the Subcontract.

28 ENTIRE AGREEMENT

The parties acknowledge that this Subcontract constitutes the entire, final and concluded agreement between the parties. It

supersedes all previous arrangements, correspondence, tenders, representations, proposals, understandings andcommunication whether oral or in writing and applies retrospectively to any work carried out by the Subcontractor relating or inconnection to the Works prior to execution of the Subcontract.

29 BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2002 (THE ACT)

29.1 Payment Claim

For the purposes of the Act a claim for payment under Clause4.2 is, subject to compliance with the requirements of theAct, a Payment Claim.

29.2 Payment Schedule

Within fourteen (14) days of receipt of a Payment Claim from the Subcontractor, the Builder will issue a PaymentSchedule including the amount that the Builder intends to pay to the Subcontractor in response to the Payment Claim,


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the date on which payment is to be made, any items in the Payment Claim that are excluded amounts and if the amountto be paid is less than the amount claimed, the reason for withholding payment.

29.3 Nominating authority for adjudication

The authorized nominating authority for the purpose of adjudication under the Act shall be Rialto Adjudications, RICS orLEADR.

29.4 Adjudication Determination

When issuing any adjudication determination the Adjudicator must include in the determination the reasons for thedetermination.

29.5 Secondary Subcontractors

If a person engaged by the Subcontractor to supply materials or labour and materials ("Secondary Subcontractor")becomes entitled to suspend work under the Act or if the Builder becomes obliged to or entitled to make a payment to aSecondary Subcontractor or other person engaged by the Subcontractor to perform work under the Subcontract, theBuilder may (in its absolute discretion) pay the Secondary Subcontractor or other person any money that is or may beowing to the Secondary Subcontractor in respect of that work, and the Subcontract Sum shall be reduced by a sumequal to any amount paid by the Builder.

29.6 Indemnity on Subcontractor Suspension

The Subcontractor shall indemnify the Builder against all damage, expense (including legal costs), loss (includingconsequential and economic loss) or liability of any nature suffered or incurred by the Builder arising out of a suspensionunder the Act by a Secondary Subcontractor of work which forms part of the Works.

29.7 Lien

If any person becomes entitled to a lien over the Works or any part of the Works by reason of monies said to be owed tothat person by the Subcontractor, the Builder may in its absolute discretion pay to the Secondary Subcontractor orperson, the amount said to be owed.

The Subcontract Sum shall be reduced by an amount equal to the amount paid by the Builder together with costsincurred by the Builder in dealing with the lien.


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ANNEXURE 1 - SCOPE OF WORKS - GENERAL

1. The Subcontractor shall make all allowances for the following General and Trade Specific Scope of Works, and for all otherincidental work whether or not stated in this Scope of Work, the drawings and/or specifications, all as required for the due and

proper completion of the Works. This document shall form part of the Subcontract.2. The Subcontract shall be a Lump Sum Subcontract (not subject to rise and fall). The Subcontractor acknowledges that they

have the relevant skill, experience and expertise to complete the Works. The Subcontractor will be expected to show initiativewhen dealing with and resolving design and/or coordination matters and all buildability issues associated with this Subcontract.CICG will not accept any claims for additional cost and/or time for design and/or coordination matters that the Subcontractorshould have reasonably been able to foresee.

3. The Subcontractor agrees it has viewed the following project tender documentation and has included for all items relevant to thetrade works, including;

a) Scope of Works - General.

b) Scope of Works - Trade specific.

c) Subcontract Agreement terms and conditions, including special conditions (as applicable).

d) Tender Drawing/s as listed on the Document Transmittal provided.

e) Tender Specification/s as listed on the Document Transmittal provided.

f) Other Tender Documents as listed on the Document Transmittal provided.

g) Construction Program.

The Subcontractor further acknowledges that it has been afforded the opportunity of reviewing all project documentationwhether or not relevant to its particular trade, with a view to ensuring that all works are fully allowed for in its tender.

4. The Subcontractor shall allow for Site Allowance adjusted in accordance with CPI and all in accordance with the relevant Awardand/or Industry Agreement.

5. Site Servicesthe supply of Site Services is agreed as follows.

a) Site Accommodation

i. Lunch Room/s by CICG.

ii. Toilets/Change/First Aid by CICG.

iii. Store / Shed and relocation as necessary, including all service connections by Subcontractor.

iv. Office facilities and relocation as necessary, including all services connections by Subcontractor.

b) Temporary Services

i. Supply and nominal distribution of temporary electrical switchboards by CICG.

ii. Electricity supply from the temporary electrical switchboards to the work face by the Subcontractor.

iii. Testing, tagging and commissioning of all electrical equipment by the Subcontractor.

iv. 250 volt electricity supply by CICG.

v. 3 phase / 440 volt electricity supply by the Subcontractor.

vi. Electrical leads / lead hooks / stands / lamps by the Subcontractor.

c) Lighting

i. General access lighting by CICG.

ii. Specific task lighting by the Subcontractor.

d) Water

i. Temporary cold water supply (circa 20mm) to nominal locations by CICG.

e) Access / Egress

i. Supply and maintain primary access and egress roads and/or paths by CICG.

ii. All task specific access and egress roads and/or paths by the Subcontractor.

f) Builders Plant & Equipment


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i. Quik Stage(steel) scaffolding by the Subcontractor.

ii. Mobile scaffolds by the Subcontractor.

iii. Scissor and boom lifts by the Subcontractor.

iv. Tower crane by CICG (where applicable).

v. Mobile cranage by the Subcontractor.

vi. Man and Materials Hoist by CICG (where applicable).

vii. Builders Lift by CICG (where applicable).

viii. All horizontal and vertical materials handling shall be by the Subcontractor.

ix. All traffic management for trade deliveries shall be performed by the Subcontractor using suitably qualified staff inaccordance with all relevant Worksafe and/or VicRoad Standards, including the obtaining of all permits and paymentof all fees as required.

g) General

i. Telephones, facsimiles and mobile telephones by the Subcontractor.

ii. All prototypes by the Subcontractor.

iii. All setting out shall be by the Subcontractor.

iv. Grid lines shall be established by CICG.

v. The initial TBM shall be established by CICG.

vi. The Subcontractor will be fully responsible for a daily clean up of their subcontract works area/s.

vii. CICG will provide a nominal distribution of skip bins (or equivalent). The Subcontractor will be responsible todispose of all rubbish and/or trade waste to this location/s on a daily basis.

viii. Protection of trade specific works shall be by the Subcontractor.

6. The Subcontractor confirms that it has visited site to ascertain the site conditions and accepts those conditions including allaccess / egress.

7. The Subcontractor accepts that storage of materials on site is limited and as a result should allow for additional deliveries asrequired.

8. The Subcontractor is to advise CICG of any Specialist Subcontractors that it intends to engage to carry out any or all of its

Subcontract works. All terms and conditions that bind the Trade Subcontract must mirror in any Specialist Subcontract.

9. The Subcontractor is to advise CICG of any specialist equipment that it proposes to use in the execution of this Subcontract.

10. The Subcontractor is responsible to ensure all employees report to the Site Office for registration and site induction prior tocommencing any works on the site. Prior to site induction the Subcontractor is responsible to ensure all its employees are in thepossession of an industry Induction Card (e.g. Red Card). Subcontractors are required to provide to the Site all site inductiondocumentation including SWMS, etc. at least 24 hours prior to commencement of the subcontract works on site for review andacceptance. CICG will not be held responsible for any delays in commencing works on site arising from the Subcontractorsfailure to comply with this instruction.

11. The Subcontractor confirms its offer complies with and makes all due allowance for the Subcontractors obligations under anyindustrial agreement. All works will be carried out in accordance with relevant Code of Practice, Occupational Health and SafetyAct 2004 and Plant Regulations 1995.

12. The Subcontractor shall allow for a six (6) day (56 hour) working week. Site working hours will be 7:00am to 5:30pm Monday toThursday, 7:00am to 3:30pm Friday and 7:00am to 2:30pm Saturday unless otherwise advised by Site Management.

13. Allow to provide full and proper supervision of the Subcontractors own site employees including provision of a full-timecompetent Foreman / Supervisor.

14. The Subcontractor shall allow for all trade specific safety signage and barricading as required to carry out their works andmaintain the works area in a safe state at all times.

15. The Subcontractor acknowledges that the Works are being undertaken in an operational and functional TAFE environment. Allefforts must be made to minimize noise, disruption, dust, vibration and the like during execution of the Works. No damage shallbe caused to nearby and/or adjacent structures.

16. Allow to coordinate the Works with other trades as necessary.

17. The Subcontractor shall allow for attendance by a Senior Supervisor of the Subcontractor at weekly Subcontractor Meetingsand separate weekly Site Safety Walks, or at such other times as reasonably requested by CICG.


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18. Allowance must be made for Quality Assurance (QA) submissions in accordance with the specification, all relevant standardsand the Subcontract, including calibration records for equipment.

19. References within the Specification to "the Builder" or Contractor shall mean Subcontractor for the purpose of this Subcontract.

20. Allowance must be made to ensure all works and finishes are within specified tolerances for line, level, length, depth, width, etc.

21. Where applicable, the Works are to be completed in Separable Portions as described in the tender documents. TheSubcontractor agrees to undertake and complete the Works by the dates and in the sequence / staging outlined in the tenderdocuments and construction program as amended from time to time.

22. Due Allowance must be made to ensure that the Subcontractor does;

a) not effect progress of other trades,

b) not damage the work of other trades,

c) provide reasonable access for other trades,

d) maintain the site in clean and tidy state on a daily basis,

e) fully clean the site of all debris in connection with their work on completion;

f) provide all plant and equipment registers including log books and maintenance records.

23. The Subcontractor shall allow to liaise and coordinate fully with relevant authorities in relation to all trade specific applications,calculations, submissions, tests and fees all as required for the due and proper completion and certification of the Works.

24. The Subcontractor will be responsible for all costs arising from any industrial action caused by the Subcontractor and affectingthe Works.

25. All manufactured materials and/or equipment shall be delivered to site in original packages, containers and/or bundles. TheSubcontractor shall ensure that all materials and/or equipment is protected and stored in a safe, dry location as approved by theSite Manager.

26. Prior to commencement of works on site, the Subcontractor must provide copies of current Certificates of Currency for WorkersCompensation, Public Liability Insurance and any other insurance applicable to the Subcontract.

27. If active thermal and/or smoke detectors are installed in the vicinity of the works, the Subcontractor is to adequately cover thedetectors to prevent entry of dust. Should dust enter the detectors and result in the alarms being set off the Subcontractor willbe responsible for paying any charges / costs incurred by the building owner or CICG.

28. The Subcontractor will be required to complete a Statutory Declaration in the form attached with each and every Progress Claimsubmitted. Failure to provide the required documentation with each and every Progress Claim will delay processing of the

subject claim.29. All on-site storage and safekeeping of the subcontractors materials, tools and equipment is the responsibility of the

Subcontractor at all times, including the insurance of said items. CICG takes no responsibility for any loss, theft, or damage tosaid items, including those not covered by the Subcontractors insurance.

30. National Code of Practice for the Construction Industry

a) The subcontractor must comply with the National Code of Practice for the Construction Industry (Code) and the AustralianGovernment Implementation Guidelines for the National Code of Practice for the Construction Industry, August 2009(Guidelines). Copies of the Code and Guidelines are available at deewr.gov.au/building.

b) The subcontractor and its related entities agree to provide the Commonwealth or any person authorised by theCommonwealth, including a person occupying a position in the office of the Australian Building and ConstructionCommissioner, with access to:

i. Inspect any work, material, machinery, appliance, article or facility;

ii. Inspect, copy and record anything relevant to the Project and Works the subject of this Subcontract; and

iii. Interview any person.

c) The subcontractor must maintain adequate records of the compliance with the Code and Guidelines by;

i. The Contractor;

ii. Its Subcontractors;

iii. Consultants; and

iv. The related entities.

d) The Subcontractor must not appoint a secondary contractor / subcontractor or consultant in relation to the project where:

i. The appointment would breach a sanction imposed by the Minister for Employment and Workplace Relations; or


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ii. The secondary subcontractor / subcontractor or consultant has had a judicial decision against them relating toemployee entitlements, not including decisions under appeal, and has not paid the claim.

e) If the Subcontractor does not comply with the requirements of the Code or the Guidelines in the performance of thisSubcontract such that a sanction is applied by the Minister for Employment and Workplace Relations, the Code MonitoringGroup or the Commonwealth, without prejudice to any rights that would otherwise accrue, those parties shall be entitled torecord that non-compliance and take it, or require it to be taken into account in the evaluation of any future tenders that

may be lodged by the subcontractor or a related entity in respect of work funded by the Commonwealth or its agencies.

f) For the avoidance of doubt, Code compliance also applies to the Subcontractors new privately funded construction work.

31. The subcontractor will be bound to comply with all CICGs Policies and Procedures including but not limited to Environment,Health and Safety Guidelines. A copy of CICGs Policies and Procedures may be obtained by request from CICGs head office.Any breach of CICGs Policies and Procedures will be deemed a material breach of this Subcontract and may result indisciplinary action being taken against the Subcontractor by CICG under the guidelines of the Subcontract.

Health, Safety and Environment

32. The Subcontractor shall allow for the supply of all personal & protective equipment (PPE) as required for staff employed on theproject site to the satisfaction of CICG.

33. The Subcontractor must allow to comply with all Occupational Health and Safety (OH&S) Codes of Practice, Guidance Notesand Australian Standards as applicable.

34. The Subcontractor must make due allowances to undertake all necessary workplace hazard identification and risk assessment.

35. A Safety Committee will be established on the site. A Designated Work Group (DWG) representative may be elected from theSubcontractors employees. The Subcontractor confirms that any such costs associated with this requirement are included.

36. The Subcontractor confirms that it shall bear responsibility and be liable for damages to CICG for any breach of HS&Estandards or legislative requirements.

37. The Subcontractor confirms that it has made due allowances and will submit a HS&E Management System prior tocommencement on Site.

38. Allow to provide all necessary Safe Work Method Statements / Risk Assessments / Maintenance Logs and the like, all to thecomplete satisfaction of CICG and WorkCover.

39. Adhere to, and by way of executing Annexure 9 agree to specific CICG HSE requirements for the project

Project Completion

40. The Subcontractor shall allow for a 52 week Defects Liability Period unless stated otherwise in the Specification or Scope ofWorks.

41. The Subcontractor shall provide for all as-built drawings, operating and maintenance manuals, applicable warranties andguarantees, all as required by the project Specification and/or under the Subcontract. Final payment will not be made until allsuch documentation is provided to the complete satisfaction of CICG.

42. The Subcontractor shall complete all outstanding items of work by not later than one week from the commencement of theDefects Liability Period. If items are not completed within the stated period, the Defects Liability Period and Maintenance Periodshall be extended by the amount of excess time taken to complete them.


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ANNEXURE 2 - SCOPE OF WORKSTRADE SPECIFIC


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ANNEXURE 3 - SUBCONTRACT DOCUMENTS

(INSERT THE DOCUMENT REGISTER THAT CONFIRMS ALL THE DRAWINGS, SPECIFICATIONS, SCHEDULES AND THE LIKETHAT BIND THE SUBCONTRACT AGREEMENT)


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ANNEXURE 4 - SUBCONTRACT PROGRAM


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ANNEXURE 5 - DEED OF RELEASE AND INDEMNITY


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ANNEXURE 6 - SUBCONTRACTOR STATUTORY DECLARATION

STATUTORY DECLARATIONSTATUTORY DECLARATIONS ACT 1959

Project Name: ________________________________________________________________________________________________

Progress Claim No.: ____________________________________________________________________________________________

I, __________________________________________________________________________________________________________

(name)

of __________________________________________________________________________________________________________

(address)

in the state of ________________________________________________________________________________________________

(state)

do hereby solemnly declare and affirm that:

1. I am a representative of ___________________________________________________________________________________

(the Subcontractor) (company name)

who is in a position to know the facts declared below, and

2. That all workers who have at any time been employed by the Subcontractor on work under the Subcontract or in connection withthe Subcontract have at the date of this declaration been paid all moneys due and payable to them in respect of their employmenton the work under the Subcontract or in connection with the Subcontract, and

3. That all Subcontractors, Suppliers and Consultants have at the date of this declaration been paid all moneys due and payable tothem in respect of work under the Subcontract.

4. All insurances required under the Subcontract Agreement are current and all premiums have been paid on the date of the drawdown.

5. Confirm that the subcontractor, all secondary contractors, suppliers and consultants have and will continue to maintain NationalCode compliance.

I acknowledge that this declaration is true and correct, and I make it with the understanding and belief that a person whomakes a false declaration is liable to the penalties of perjury.

Declared at ____________________________________________

this _____________day __________________________of 20____ ..................... ..................... ...................... .......

Signature of person making this declaration

[to be signed in front of an authorised witness]

Before me,

Signature of Authorised Witness

The authorised witness must print or stamp his or her name, address and title under section 107A of the Evidence (Miscellaneous Provisions) Act 1958 (asof 1 January 2010), (previously Evidence Act 1958), (eg. Justice of the Peace, Pharmacist, Police Officer, Court Registrar, Bank Manager, MedicalPractitioner, Dentist)


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ANNEXURE 7 - WARRANTY FORM(Clause 9.3)

Pursuant to Clause 9.3 it is a requirement imposed by the Builder that the Subcontractor warrants (all labour, Plant & materials) that the works as defined inthe Subcontract have been successfully completed, that they are fit for purpose, meet all relevant Codes of Practise, Australian Standards, Local &Statutory Authorities and satisfy all the relevant requirements of the drawings, Specifications & the Subcontract.

In addition to the above the following supply warranties are to remain in force for the warranty period stipulated below for the benefit of the persons namedin the Schedule to the Deed as follows;

1. Commencing on the Date of Completion of the Works, the Product will satisfy the requirements of the Specification.2. The persons named in the Schedule may assign the benefits and rights accrued under this Deed.3. This Deed Poll shall not be revoked or otherwise modified without the prior written consent of those persons named in the Schedule.4. This Deed Poll is governed by the laws of the State of Victoria.

WARRANTY SCHEDULEItem Specification Section Clause Page No Warranty for Warranty Period

PERSONS NAMED IN THE SCHEDULE TO THE DEEDPersons Named Address ACN ABNCommercial Industrial Construction Group Pty Ltd(CICG) The Builder

Level 463 Stead StreetSOUTH MELBOURNE VIC 3205

091 460 230 42 091 460 230

The Principal (Client)This docum ent must be executed below as a Deed by those persons wh o are author ised to execute Deeds for and on b ehal f of the Company;

Director: .......................................................................................................

Print Name: ..................................................................................................

Date: ............................................................................................................

Director:.......................................................................................................

Print Name: .................................................................................................

Date: ............................................................................................................

The above s ignatures of the persons execut ing this Deed must be s igned in front of an author ised wi tness in accordance wi th Sect ion 107A of

the Evi