Common use of Description of Works Clause in Contracts

Description of Works. Subject to clause 6.11, the Contractor must construct the Works in accordance with: the Works Description and any Design Documentation issued by the Contract Administrator under clause 8.8 (if Option 1 of that clause applies); if the Contract requires the Contractor to design any part of the Works, any Design Documentation prepared by the Contractor in accordance with the requirements of the Contract and which the Contractor is entitled to use for construction purposes under clause 6.3; any direction of the Contract Administrator given or purported to be given under a provision of the Contract, including any Variation directed by the Contract Administrator by a document titled "Variation Order"; and the other requirements of the Contract. All Work Included The Contractor has allowed for the provision of all Plant, Equipment and Work, materials and other work necessary for the Contractor's Activities, whether or not expressly mentioned in the Works Description or any Design Documentation. Any such Plant, Equipment and Work, materials and other work: must be undertaken and provided by the Contractor; and forms part of the Contractor's Activities and will not entitle the Contractor to make a Claim except as otherwise provided for in the Contract. Statutory Requirements The Contract Particulars specify the Approvals which exist at the Award Date or which the Commonwealth will obtain after the Award Date. In carrying out the Contractor's Activities, the Contractor must: unless otherwise specified in the Contract Particulars, comply with all applicable Statutory Requirements; without limiting subparagraph (i): apply for and obtain all Approvals other than those specified in the Contract Particulars; and give all notices and pay all fees and other amounts which it is required to pay in respect of the carrying out of its Contract obligations; and promptly give the Contract Administrator copies of all documents (including Approvals and other notices) that any authority, body or organisation having jurisdiction over the Site, the Contractor's Activities or the Works issues to the Contractor. Change in Statutory Requirements or Variance with Contract If: there is any change in a Statutory Requirement after the Award Date; or a Statutory Requirement is at variance with the Contract, then the party discovering the change or variance must promptly give the Contract Administrator and the other party notice in writing. The Contract Administrator must, within 14 days of receipt of a notice under paragraph (a), instruct the Contractor as to the course it must adopt insofar as the Contractor's Activities are affected by the change or variance. Subject to paragraph (d), the Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Contract Price increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under paragraph (a) which arise directly from the change or variance and the Contract Administrator's instruction under paragraph (b), as determined by the Contract Administrator. The Contract Price will be decreased by any saving made by the Contractor which arise directly from the change or variance and the Contract Administrator's instruction under paragraph (b), as determined by the Contract Administrator. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with the change or variance or the Contract Administrator's instruction under clause 7.3(b)(ii), other than under paragraph (c)(i) and (ii). Subcontracting The Contractor: must not, without the prior written approval of the Contract Administrator, subcontract any work specified in the Contract Particulars except to a subcontractor specified in the Contract Particulars; will: not be relieved of any of its liabilities or obligations under the Contract, including those under clause 2.1; and remain responsible for all subcontractors and for all work which is or may be subcontracted, as if it was itself executing the work, whether or not any subcontractors default or otherwise fail to observe any of the requirements of the relevant subcontract; will be vicariously liable to the Commonwealth for all acts, omissions and defaults of its subcontractors (and those of the employees and agents of its subcontractors) relating to, or in any way connected with, the Contractor's Activities; must ensure that all subcontract documentation is prepared and all procurement processes for subcontractors are conducted: consistently with the principles of the Commonwealth Procurement Rules, including the rules in relation to "value for money", "encouraging competition", "efficient, effective, economical and ethical procurement", "accountability and transparency" and the need to achieve value for money, as described in the Commonwealth Procurement Rules; with the highest standards of probity, fairness and equal opportunity; and in accordance with all other Statutory Requirements; must ensure that each subcontract contains provisions: which bind the subcontractor to participate in any novation required by the Commonwealth under clause 14.5(a)(ii); and as otherwise required by the Contract; must, if requested by the Contract Administrator: execute; procure the relevant subcontractor to execute; and deliver to the Contract Administrator, a Subcontractor Deed of Covenant or Consultant Deed of Covenant, duly completed with all relevant particulars: as a condition precedent to seeking the prior written approval of the Contract Administrator under paragraph (a); or when such approval is not required, within the time required by the Contract Administrator and in any event before commencement of work by the relevant subcontractor; and

Description of Works. Subject to clause 6.11, the Contractor must construct the Works in accordance with: the Works Description and any Design Documentation issued by the Contract Administrator under clause 8.8 (if Option 1 of that clause applies); if the Contract requires the Contractor to design any part of the Works, any Design Documentation prepared by the Contractor in accordance with the requirements of the Contract and which the Contractor is entitled to use for construction purposes under clause 6.3; any direction of the Contract Administrator given or purported to be given under a provision of the Contract, including any Variation directed by the Contract Administrator by a document titled "Variation Order"; and the other requirements of the Contract. All Work Included The Contractor has allowed for the provision of all Plant, Equipment and Work, materials and other work necessary for the Contractor's Activities, whether or not expressly mentioned in the Works Description or any Design Documentation. Any such Plant, Equipment and Work, materials and other work: must be undertaken and provided by the Contractor; and forms part of the Contractor's Activities and will not entitle the Contractor to make a Claim except as otherwise provided for in the Contract. Statutory Requirements The Contract Particulars specify the Approvals which exist at the Award Date or which the Commonwealth will obtain after the Award Date. In carrying out the Contractor's Activities, the Contractor must: unless otherwise specified in the Contract Particulars, comply with all applicable Statutory Requirements; without limiting subparagraph (i): apply for and obtain all Approvals other than those specified in the Contract Particulars; and give all notices and pay all fees and other amounts which it is required to pay in respect of the carrying out of its Contract obligations; provide the Commonwealth with all assistance reasonably required to enable the Commonwealth to obtain, or satisfy or fulfil the conditions and requirements of, any Approvals the subject of paragraph (a); and promptly give the Contract Administrator copies of all documents (including Approvals and other notices) that any authority, body or organisation having jurisdiction over the Site, the Contractor's Activities or the Works issues to the Contractor. Change in Statutory Requirements or Variance with Contract If: there is any change in a Statutory Requirement after the Award Date; or a Statutory Requirement is at variance with the Contract, then the party discovering the change or variance must promptly give the Contract Administrator and the other party notice in writing. The Contract Administrator must, within 14 days of receipt of a notice under paragraph (a), instruct the Contractor as to the course it must adopt insofar as the Contractor's Activities are affected by the change or variance. Subject to paragraph (d), the Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Contract Price increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under paragraph (a) which arise directly from the change or variance and the Contract Administrator's instruction under Without limiting paragraph (b), as determined by the Contract Administrator. The Contract Price will be decreased by any saving made by the Contractor which arise directly from must: comply with the change Additional Host Nation Requirements; not engage in any political or variance and unlawful activity during the Contract Administrator's instruction under paragraph (b), as determined by the Contract Administrator. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising carrying out of or in connection with the change or variance or the Contract Administrator's instruction under clause 7.3(b)(ii), other than under paragraph (c)(i) and (ii). Subcontracting The Contractor: must not, without the prior written approval of the Contract Administrator, subcontract any work specified in the Contract Particulars except to a subcontractor specified in the Contract Particulars; will: not be relieved of any of its liabilities or obligations under the Contract, including those under clause 2.1; and remain responsible for all subcontractors and for all work which is or may be subcontracted, as if it was itself executing the work, whether or not any subcontractors default or otherwise fail to observe any of the requirements of the relevant subcontract; will be vicariously liable to the Commonwealth for all acts, omissions and defaults of its subcontractors (and those of the employees and agents of its subcontractors) relating to, or in any way connected with, the Contractor's ActivitiesActivities in the Host Nation; must and use its best endeavours to ensure that all subcontract documentation is prepared its officers, employees, subcontractors and all procurement processes for subcontractors are conducted: consistently with agents do not to engage in unlawful activity or misconduct during the principles carrying out of the Commonwealth Procurement Rules, including the rules in relation to "value for money", "encouraging competition", "efficient, effective, economical and ethical procurement", "accountability and transparency" and the need to achieve value for money, as described Contractor’s Activities in the Commonwealth Procurement Rules; with the highest standards of probity, fairness and equal opportunity; and in accordance with all other Statutory Requirements; must ensure that each subcontract contains provisions: which bind the subcontractor to participate in any novation required by the Commonwealth under clause 14.5(a)(ii); and as otherwise required by the Contract; must, if requested by the Contract Administrator: execute; procure the relevant subcontractor to execute; and deliver to the Contract Administrator, a Subcontractor Deed of Covenant or Consultant Deed of Covenant, duly completed with all relevant particulars: as a condition precedent to seeking the prior written approval of the Contract Administrator under paragraph (a); or when such approval is not required, within the time required by the Contract Administrator and in any event before commencement of work by the relevant subcontractor; andHost Nation.

Description of Works. Subject to clause 6.11, the Contractor must construct the Works in accordance with: the Works Description and any Design Documentation issued by the Contract Administrator under clause 8.8 (if Option 1 of that clause applies); if the Contract requires the Contractor to design any part of the Works, any Design Documentation prepared by the Contractor in accordance with the requirements of the Contract and which the Contractor is entitled to use for construction purposes under clause 6.3; any direction of the Contract Administrator given or purported to be given under a provision of the Contract, including any Variation directed by the Contract Administrator by a document titled "Variation Order"; and the other requirements of the Contract. All Work Included The Contractor has allowed for the provision of all Plant, Equipment and Work, materials and other work necessary for the Contractor's Activities, whether or not expressly mentioned in the Works Description or any Design Documentation. Any such Plant, Equipment and Work, materials and other work: must be undertaken and provided by the Contractor; and forms part of the Contractor's Activities and will not entitle the Contractor to make a Claim except as otherwise provided for in the Contract. Statutory Requirements The Contract Particulars specify the Approvals which exist at the Award Date or which the Commonwealth will obtain after the Award Date. In carrying out the Contractor's Activities, the Contractor must: unless otherwise specified in the Contract Particulars, comply with all applicable Statutory Requirements; without limiting subparagraph (i): apply for and obtain all Approvals other than those specified in the Contract Particulars; and give all notices and pay all fees and other amounts which it is required to pay in respect of the carrying out of its Contract obligations; and promptly give the Contract Administrator copies of all documents (including Approvals and other notices) that any authority, body or organisation having jurisdiction over the Site, the Contractor's Activities or the Works issues to the Contractor. Change in Statutory Requirements or Variance with Contract If: there is any change in a Statutory Requirement after the Award Date; or a Statutory Requirement is at variance with the Contract, then the party discovering the change or variance must promptly give the Contract Administrator and the other party notice in writing. The Contract Administrator must, within 14 days of receipt of a notice under paragraph (a), instruct the Contractor as to the course it must adopt insofar as the Contractor's Activities are affected by the change or variance. Subject to paragraph (d), the Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Contract Price increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under paragraph (a) which arise directly from the change or variance and the Contract Administrator's instruction under paragraph (b), as determined by the Contract Administrator. The Contract Price will be decreased by any saving made by the Contractor which arise directly from the change or variance and the Contract Administrator's instruction under paragraph (b), as determined by the Contract Administrator. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with the change or variance or the Contract Administrator's instruction under clause 7.3(b)(iiparagraph (b), other than under paragraph (c)(i) and (ii). Subcontracting The Contractor: must not, without the prior written approval of the Contract Administrator, subcontract any work specified in the Contract Particulars except to a subcontractor specified in the Contract Particulars; will: not be relieved of any of its liabilities or obligations under the Contract, including those under clause 2.1; and remain responsible for all subcontractors and for all work which is or may be subcontracted, as if it was itself executing the work, whether or not any subcontractors default or otherwise fail to observe any of the requirements of the relevant subcontract; will be vicariously liable to the Commonwealth for all acts, omissions and defaults of its subcontractors (and those of the employees and agents of its subcontractors) relating to, or in any way connected with, the Contractor's Activities; must ensure that all subcontract documentation is prepared and all procurement processes for subcontractors are conducted: consistently with the principles of the Commonwealth Procurement Rules, including the rules in relation to "value for money", "encouraging competition", "efficient, effective, economical and ethical procurement", "accountability and transparency" and the need to achieve value for money, as described in the Commonwealth Procurement Rules; with the highest standards of probity, fairness and equal opportunity; and in accordance with all other Statutory Requirements; must ensure that each subcontract contains provisions: which bind the subcontractor to participate in any novation required by the Commonwealth under clause 14.5(a)(ii); and as otherwise required by the Contract; must, if requested by the Contract Administrator: execute; procure the relevant subcontractor to execute; and deliver to the Contract Administrator, a Subcontractor Deed of Covenant or Consultant Deed of Covenant, duly completed with all relevant particulars: as a condition precedent to seeking the prior written approval of the Contract Administrator under paragraph (a); or when such approval is not required, within the time required by the Contract Administrator and in any event before commencement of work by the relevant subcontractor; and

Description of Works. Subject to clause 6.11, the Contractor must construct the Works in accordance with: the Works Description and any Design Documentation issued by the Contract Administrator under clause 8.8 (if Option 1 of that clause applies); if the Contract requires the Contractor to design any part of the Works, any Design Documentation prepared by the Contractor in accordance with the requirements of the Contract and which the Contractor is entitled to use for construction purposes under clause 6.3; any direction of the Contract Administrator given or purported to be given under a provision of the Contract, including any Variation directed by the Contract Administrator by a document titled "Variation Order"; and the other requirements of the Contract. All Work Included The Contractor has allowed for the provision of all Plant, Equipment and Work, materials and other work necessary for the Contractor's Activities, whether or not expressly mentioned in the Works Description or any Design Documentation. Any such Plant, Equipment and Work, materials and other work: must be undertaken and provided by the Contractor; and forms part of the Contractor's Activities and will not entitle the Contractor to make a Claim except as otherwise provided for in the Contract. Statutory Requirements The Contract Particulars specify the Approvals which exist at the Award Date or which the Commonwealth will obtain after the Award Date. In carrying out the Contractor's Activities, the Contractor must: unless otherwise specified in the Contract Particulars, comply with all applicable Statutory Requirements; without limiting subparagraph paragraph (ia): apply for and obtain all Approvals other than those specified in the Contract Particulars; and give all notices and pay all fees and other amounts which it is required to pay in respect of the carrying out of its Contract obligations; and promptly give the Contract Administrator copies of all documents (including Approvals and other notices) that any authority, body or organisation having jurisdiction over the Site, the Contractor's Activities or the Works issues to the Contractor. Change in Statutory Requirements or Variance with Contract If: there is any change in a Statutory Requirement after the Award Date; or a Statutory Requirement is at variance with the Contract, then the party discovering the change or variance must promptly give the Contract Administrator and the other party notice in writing. The Contract Administrator must, within 14 days of receipt of a notice under paragraph (a), instruct the Contractor as to the course it must adopt insofar as the Contractor's Activities are affected by the change or variance. Subject to paragraph (d), the Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Contract Price increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under paragraph (a) which arise directly from the change or variance and the Contract Administrator's instruction under paragraph (b), as determined by the Contract Administrator. The Contract Price will be decreased by any saving made by the Contractor which arise directly from the change or variance and the Contract Administrator's instruction under paragraph (b), as determined by the Contract Administrator. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with the change or variance or the Contract Administrator's instruction under clause 7.3(b)(ii), other than under paragraph (c)(i) and (ii). Subcontracting The Contractor: must not, not without the prior written approval of the Contract Administrator, subcontract any work specified in the Contract Particulars except to a subcontractor specified in the Contract Particulars; will: not be relieved of any of its liabilities or obligations under the Contract, including those under clause 2.1; and remain responsible for all subcontractors and for all work which is or may be subcontracted, as if it was itself executing the work, whether or not any subcontractors default or otherwise fail to observe any of the requirements of the relevant subcontract; will be vicariously liable to the Commonwealth for all acts, omissions and defaults of its subcontractors (and those of the employees and agents of its subcontractors) relating to, or in any way connected with, the Contractor's Activities; must ensure that all subcontract documentation is prepared and all procurement processes for subcontractors are conducted: consistently with the principles of the Commonwealth Procurement Rules, including the rules in relation to "value for money", "encouraging competition", "efficient, effective, economical and ethical procurement", "accountability and transparency" and the need to achieve value for money, as described in the Commonwealth Procurement Rules; with the highest standards of probity, fairness and equal opportunity; and in accordance with all other Statutory Requirements; must ensure that each subcontract contains provisions: which bind the subcontractor to participate in any novation required by the Commonwealth under clause 14.5(a)(ii); and as otherwise required by the Contract; must, if requested by the Contract Administrator: execute; procure the relevant subcontractor to execute; and deliver to the Contract Administrator, a Subcontractor Deed of Covenant or Consultant Deed of Covenant, duly completed with all relevant particulars: as a condition precedent to seeking the prior written approval of the Contract Administrator under paragraph (a); or when such approval is not required, within the time required by the Contract Administrator and in any event before commencement of work by the relevant subcontractor; and