Construction Contracts Act. The Contractor acknowledges the provisions of the Construction Contracts Act 2004 (WA) (CCA) and (in particular) section 9 of the CCA. The Contractor hereby confirms that nothing in the Contract, the PBA Trust Deed Poll or the PBA Agreement shall be construed as permitting or otherwise allowing the Contractor to implement an arrangement with its Subcontractors that would result in provisions of its Subcontracts having no effect by virtue of the application of section 9 or any other provision of the CCA. Payment of Workers and Subcontractors Delete clause 42 and in lieu thereof insert the following: At the same time as (and no earlier than) any Progress Payment Instruction(s) is issued to the Principal and the Bank, and before the Principal makes that payment into the Project Bank Account, or at any other time requested by the Superintendent the Contractor shall— give the Superintendent a statutory declaration (in a form approved by the Principal) by the Contractor or, where the Contractor is a corporation, by a representative of the Contractor who is in a position to know the facts declared, that all workers who have at any time been employed by the Contractor on WUC have at the date of the request been paid all moneys due and payable to them in respect of their employment on the WUC; and if requested by the Superintendent, provide documentary evidence to the Superintendent that at the date of the declaration all workers who have been employed by a subcontractor or supplier of the Contractor have been paid all moneys due and payable to them in respect of their employment on the WUC. At the same time as (and no earlier than) any Progress Payment Instruction(s) is issued to the Principal and the Bank, and before the Principal makes that payment into the Project Bank Account, or at any other time requested by the Superintendent, the Contractor must give to the Principal a statutory declaration (in the form approved by the Principal) by the Contractor or, where the Contractor is a corporation, by a representative of the Contractor who is in a position to know the facts declared, that: the Progress Payment Instruction(s) are true and accurate and comply with the Contract (and to avoid doubt and without limitation, properly allocate amounts payable to Subcontractors pursuant to their subcontracts); all Opt-in Subcontractors who wish to become a 'Subcontractor' have been provided with an Opt-in Notice; to the extent that any previously issued Progress Payment Ins...
Construction Contracts Act. 45.1 The Contractor must promptly and without delay, give the Principal’s Representative a copy of any written communication of whatever nature in relation to the Construction Contracts Act that the Contractor gives to the Principal or receives from a Subcontractor.
Construction Contracts Act. This contract is subject to the Construction Contracts Xxx 0000. Disputes shall be settled in accordance with the provisions of that Act.
Construction Contracts Act. The parties agree that, if the Construction Contracts Act 2004 (WA) (“Act”) applies to this Agreement, the terms implied by Items 2, 5, 6, 7, 9 and 11 of Schedule 1 to the Act will not apply.
Construction Contracts Act. 2004 (WA);
Construction Contracts Act. The parties agree that this is a construction contract for related services for the purposes of the CCA and that the CCA provisions (insofar as it is applicable to the Services) will apply to this Agreement.
