Common use of Minor Works Clause in Contracts

Minor Works. ‌ 28.1 Process for performance of Minor Works‌ (a) (State notice): The State may, at any time from the Operational Commencement Date, notify Project Co of any Minor Works required to be performed by way of a notice entitled ‘Minor Works Notice’ (Minor Works Notice). (b) (Project Co Notice): As soon as possible, but in any event no later than 5 Business Days of receipt by Project Co of a Minor Works Notice, Project Co must prepare and submit for the approval of the State a notice entitled ‘Minor Works Quote’ (Minor Works Quote) which sets out: (i) the Minor Works Price calculated on an open book basis with the breakdown of goods, services, labour, equipment, materials, Subcontract costs and any recurring costs clearly set out and available for review by the State; (ii) an estimate of the time to complete the proposed Minor Works; (iii) details of any Subcontractors proposed to be engaged to implement the Minor Works; (iv) details of the impact, if any, of the Minor Works on: (A) the provision, by Project Co, of the Services; (B) Project Co’s ability to comply with this Agreement; and (C) the undertaking by the Stadium Operator of the Stadium Activities; (v) whether the sum of the Minor Works Price and all other payments paid or payable for Minor Works, undertaken in accordance with this Clause 28, in that Operating Year will exceed the Minor Works Limit and if not, the amount available for future Minor Works in that Operating Year; and (vi) any other particulars reasonably requested by the State. (c) (State to advise): Within a reasonable time of receiving a Minor Works Quote, the State must advise Project Co whether the Minor Works Quote is approved or rejected by the State. (d) (Rejection): If the State rejects the Minor Works Quote then the State may: (i) elect not to proceed with the proposed Minor Works; (ii) proceed to implement the works itself or engage a third party to carry out the required works, in which case the works will not be Minor Works; or (iii) take such other course of action it considers necessary in the circumstances. (e) (Approval): If the State approves the Minor Works Quote, Project Co must carry out the Minor Works for the Minor Works Price included in the relevant Minor Works Quote. (f) (Not to commence): Project Co must not commence any work or incur any cost, and will not have any entitlement to make any Claim in connection with any proposed Minor Works, unless a Minor Works Quote has been approved in accordance with Clause 28.1(c).

Minor Works. ‌ 28.1 Process for performance of Minor Works‌ (a) (State notice): ‌ The State may, at any time from may notify the Operational Commencement Date, notify Project Co Contractor of any Minor Works required to be performed by way of a notice entitled ‘describing the Minor Works Notice’ to be performed (Minor Works Notice). (b) (Project Co Notice): Notice).‌ As soon as possible, possible but in any event no later than 5 15 Business Days (or such longer period as the State may specify) of receipt by Project Co the Contractor of a Minor Works Notice, Project Co the Contractor must prepare and submit for the approval of the State a notice entitled ‘Minor Works Quote’ (Minor Works Quote) Quotation which sets out:out:‌ (i) the Minor Works Price calculated on an open book basis with the breakdown of goods, services, labour, equipment, materials, Subcontract costs materials and any recurring subcontract costs clearly set out and available for review by the State; (ii) an estimate of the time to complete the proposed Minor Works; (iii) details of any Subcontractors subcontractors proposed to be engaged to implement the Minor Works; (iv) details of the impact, if any, of the Minor Works on: (A) the provision, provision by Project Co, the Contractor of the Services;; or (B) Project Co’s the Contractor's ability to comply with this Agreement; and (C) the undertaking by the Stadium Operator of the Stadium Activities; (v) whether the sum recurrent impact (if any) of the Minor Works Price and all other payments paid or payable for Minor Works, undertaken in accordance with this Clause 28, in that Operating Year will exceed on the Minor Works Limit and if not, the amount available for future Minor Works in that Operating YearMonthly Service Payment; and (vi) any other particulars reasonably requested by the State. (c) (State to advise): Within . Unless otherwise agreed with the State, the Minor Works Price must be a reasonable time fixed lump sum. After receipt of receiving a Minor Works QuoteQuotation, the State must advise Project Co whether the Minor Works Quote is approved or rejected may by the State. (d) (Rejection): If the State rejects the Minor Works Quote then the State maynotice make an election to: (i) elect require that the Parties meet to negotiate the Minor Works Quotation;‌ (ii) accept the Minor Works Quotation and issue a Minor Works Order; or‌ (iii) reject the Minor Works Quotation and withdraw the Minor Works Notice, in which case, subject to clause 20.2(n), neither the Minor Works Notice nor Minor Works Quotation will have any further contractual effect.‌ If the State delivers a notice under clause 20.2(d)(i), the Parties must meet within 5 Business Days of the delivery of the notice, or at such later time as notified by the State (acting reasonably). After the Parties have met under clause 20.2(d)(i), the State may, by notice:‌ (i) accept the original Minor Works Quotation;‌ (ii) accept a negotiated Minor Works Quotation containing changes from the original Minor Works Quotation as negotiated by the Parties; or‌ (iii) withdraw the Minor Works Notice, in which case, subject to clause 20.2(n), neither the Minor Works Notice nor Minor Works Quotation will have any further contractual effect.‌ If the State does not give notice of its election under clause 20.2(f) within 10 Business Days of the meeting under clause 20.2(d)(i) (or such longer period as the Parties may agree), the Minor Works Quotation will be deemed to proceed have been withdrawn. If the State accepts a Minor Works Quotation under clause 20.2(d)(ii) or 20.2(f)(i) or a negotiated Minor Works Quotation under clause 20.2(f)(ii), the State must issue a Minor Works Order. The Minor Works Order must clearly document the Minor Works and the agreed consequences (both financial and non-financial) of the Minor Works proceeding.‌ The Contractor must perform the Minor Works in accordance with the Minor Works Order. The financial and non-financial consequences documented in the Minor Works Order will be applicable. The Contractor must not commence any work or incur any cost and will not have any entitlement to make any Claim in connection with any proposed Minor Works unless a Minor Works Order has been issued in accordance with clause 20.2(h). The Contractor must notify the State upon completion of the Minor Works, and invite the State to inspect the Minor Works. The State (acting reasonably) may Direct the Contractor to procure the rectification of any defects in the Minor Works.‌ On completion of Minor Works: (i) the Minor Works which are fixtures will form part of the Prison Equipment or Prison Infrastructure (as the case may be); (ii) the Minor Works which are chattels will form part of the State Resources; (iii) the Contractor must maintain the Minor Works in accordance with Schedule 3; and (iv) in consideration for doing so, payments to the Contractor under this Agreement will be increased by the amount (if any) agreed in the approved Minor Works Quotation. The Contractor acknowledges that it is not entitled to any increase to payments under this Agreement as a result of performing any Minor Works other than as set out in the Minor Works Order. If the State withdraws a Minor Works Notice pursuant to clause 20.2(d)(iii) or 20.2(f)(iii), the State may proceed to implement the works itself or engage a third party to carry out the required works, in which case the works will not be Minor Works; or. The Contractor must:‌ (iiii) take such other course of action it considers necessary in the circumstances. (e) (Approval): If provide the State approves or any third party contractor engaged by the Minor Works Quote, Project Co must carry out the Minor Works for the Minor Works Price included in the relevant Minor Works Quote. (f) (Not to commence): Project Co must not commence any work or incur any cost, and will not have any entitlement to make any Claim in connection State with any proposed Minor Works, unless a Minor Works Quote has been approved reasonable Site access in accordance with Clause 28.1(c).clause