Supplementary
Special Conditions of
Contract
(Queensland Code of Practice for the Building and
Construction Industry and the Queensland
Government’s Implementation Guidelines for the
Building and Construction Industry)
(To be read in conjunction with Australian Standard General Conditions of
Contract AS 2124-1992)
July 2013
© State of Queensland
(1)
Queensland Government
Supplementary Special Conditions of Contract
CONDITIONS OF CONTRACT
1.
GENERAL
The Conditions of Contract shall be the Australian Standard General Conditions of Contract (AS
2124-1992) as amended by the Special Conditions of Contract and Supplementary Special
Conditions of Contract.
2.
INTERPRETATION
In the event of conflict or inconsistency between the provisions of the Australian Standard General
Conditions of Contract (AS 2124-1992) and the Special Conditions of Contract, or between the
Special Conditions of Contract and the Supplementary Special Conditions of Contract, the
Supplementary Special Conditions of Contract shall take precedence.
References to “attached to these Conditions” in the Supplementary Special Conditions of Contract
shall be read as references to attachments to the Supplementary Special Conditions of Contract.
28.06.13
(2)
Supplementary Special Conditions of Contract AS 2124-1992
Queensland Code
Queensland Government
Supplementary Special Conditions of Contract
SUPPLEMENTARY SPECIAL CONDITIONS OF CONTRACT
Add the following new clause 52 to the Special Conditions of Contract –
“52
28.06.13
Queensland Code
52.1
This clause 52 applies where the Contract Sum is of a value of $2 million (inclusive of GST)
or more.
52.2
The Contractor must comply with, and meet any obligations imposed by, the Queensland
Government’s Code of Practice for the Building and Construction Industry (“Queensland
Code”) and the Queensland Government’s Implementation Guidelines to the Queensland Code
of Practice for the Building and Construction Industry (“Queensland Guidelines”’) in carrying
out the work under the Contract. Copies of the Queensland Code and Queensland Guidelines
are available at http://www.justice.qld.gov.au/fair-and-safe-work/industrial-relations/codes-ofpractice-and-guidelines/building-and-construction-industry-guidelines.
52.3
For the purposes of this clause 52, unless a contrary intention applies, where a word or
expression is not otherwise defined by the Contract, that word or phrase shall have the same
meaning as attributed to it in the Queensland Guidelines.
52.4
The Contractor must notify the Building Construction Compliance Branch (“BCCB”) (or
nominee) and the Principal of any alleged breach of the Queensland Code and the Queensland
Guidelines and of voluntary remedial action taken to rectify the alleged breach, within 24
hours of becoming aware of the alleged breach.
52.5
Where the Contractor engages another party in connection with the work under the Contract,
the Contractor must ensure that any such engagement includes obligations equivalent to those
imposed on the Contractor pursuant to this clause 52, including that the party must comply
with, and meet any obligations imposed by, the Queensland Code and Queensland Guidelines.
52.6
The Contractor must not appoint or engage another party in relation to the work under the
Contract where that appointment or engagement would be a breach of a sanction imposed on
that other party under the Queensland Code or Queensland Guidelines.
52.7
The Contractor must maintain adequate records of its compliance with the Queensland Code
and Queensland Guidelines and must ensure that its subcontractors, consultants and related
entities do the same.
52.8
Notwithstanding any other provisions in the Contract, the Contractor must allow, and must
take reasonable steps to ensure, the Queensland Government authorised personnel (including
authorised personnel of the BCCB) are able to:
(a)
enter and have access to sites and premises controlled by the Contractor including the
Site;
(b)
inspect any work, material, machinery, appliance, article or facility;
(c)
inspect and copy any record relevant to the Contract and the work under the Contract;
(d)
have access to personnel; and
(e)
interview any person,
as is necessary for the authorised personnel to monitor and investigate compliance with the
Queensland Code and Queensland Guidelines by the Contractor, its subcontractors, consultants
and related entities.
52.9
The Contractor must, and must take reasonable steps to ensure its related entities, comply with
any request from Queensland Government authorised personnel (including authorised
personnel of the BCCB) to produce a specified documents by a specified date, whether in
person, by post or by electronic means.
52.10
In addition to any other rights of the Principal under the Contract, if the Contractor is in breach
of the Queensland Code or the Queensland Guidelines, a sanction may be imposed. If a
sanction is imposed:
(a)
it shall be without prejudice to any other rights that would accrue to the parties under
this Contract; and
(3)
Supplementary Special Conditions of Contract AS 2124-1992
Queensland Code
Queensland Government
(b)
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Supplementary Special Conditions of Contract
the State of Queensland (through its agencies, Ministers and/or the BCCB) may
record and disclose details of the sanction imposed including the Contractor’s breach
of the Queensland Code or the Queensland Guidelines in relation to which the
sanction was imposed.
52.11
The Contractor shall comply with the Queensland Code and the Queensland Guidelines
including compliance with the requirements of the Queensland Code and Queensland
Guidelines under this Contract at the Contractor’s own cost.
52.12
The Contractor shall have no claim against the Principal in connection with its compliance
with the Queensland Code and Queensland Guidelines including without limitation for costs,
losses, expenses, damages, extensions of time or otherwise.
52.13
The Contractor shall indemnify the Principal against any claim, action, demand, loss, damage,
cost or expense which may be brought against, or suffered or incurred by, the Principal as a
result of or in connection with the Contractor’s compliance with the Queensland Code and
Queensland Guidelines including any enforcement of requirements imposed on the Contractor
under the Queensland Code and Queensland Guidelines.
52.14
Compliance with the Queensland Code and Queensland Guidelines shall not relieve the
Contractor of any of the Contractor’s liabilities and obligations under the Contract.
(4)
Supplementary Special Conditions of Contract AS 2124-1992
Queensland Code