《AS 4904-2009 Consultants agreement—Design and construct.pdf》由会员分享，可在线阅读，更多相关《AS 4904-2009 Consultants agreement—Design and construct.pdf（56页珍藏版）》请在三一文库上搜索。
1、 AS 49042009 Australian Standard Consultants agreementDesign and construct AS 49042009 This Australian Standard was prepared by Committee MB-010, General Conditions of Contract. It was approved on behalf of the Council of Standards Australia on 9 March 2009. This Standard was published on 20 March 2
2、009. The following are represented on Committee MB-010: AUSTROADS Association of Consulting Engineers Australia Australian Chamber of Commerce and Industry Australian Constructors Association Australian Industry Group Australian Procurement and Construction Council Construction Industry Engineering
3、Services Group Engineers Australia Law Council of Australia Master Builders Australia Royal Australian Institute of Architects Standards Australia wishes to acknowledge the participation of the expert individuals that contributed to the development of this Standard through their representation on th
4、e Committee. Keeping Standards up-to-date Keeping Standards up-to-date Australian Standards are living documents that reflect progress in science, technology and systems. To maintain their currency, all Standards are periodically reviewed, and new editions are published. Between editions, amendments
5、 may be issued. Standards may also be withdrawn. It is important that readers assure themselves they are using a current Standard, which should include any amendments that may have been published since the Standard was published. Detailed information about Australian Standards, drafts, amendments an
6、d new projects can be found by visiting www.standards.org.auwww.standards.org.au Standards Australia welcomes suggestions for improvements, and encourages readers to notify us immediately of any apparent inaccuracies or ambiguities. Contact us via email at mailstandards.org.aumailstandards.org.au, o
7、r write to Standards Australia, GPO Box 476, Sydney, NSW 2001. The Standard is downloaded from Standard Sharing AS 49042009 Australian Standard Consultants agreementDesign and construct First published as AS 49042009. COPYRIGHT Standards Australia All rights are reserved. No part of this work may b
8、e reproduced or copied in any form or by any means, electronic or mechanical, including photocopying, without the written permission of the publisher. Published by Standards Australia GPO Box 476, Sydney, NSW 2001, Australia ISBN 0 7337 9055 0 Consultants agreementDesign and construct AS 49042009 ii
9、 Preface This Standard was prepared by the Standards Australia Committee MB-010, General Conditions of Contract and by Committee OB-003, General Conditions of Contract. AS 49042009 Consultants agreementDesign and construct is a supplementary document to the suite of conditions of contract based on A
10、S 40001997 General conditions of contract. This Standard is intended to be used as contract conditions forming part of a contract between: (a) a Consultant and a Principal for the development of preliminary design to form part of the Principals Project Requirements under AS 49022000 General conditio
11、ns of contract for design and construct. (b) a Consultant and a Contractor where AS 49022000 General conditions of contract for design and construct are the contract conditions, in conjunction with the following project procurement methods: (i) design and construct; (ii) design development and const
12、ruct; or (iii) design, novate and construct. (c) a Consultant and a Subcontractor where AS 49032000 Subcontract conditions for design and construct are the subcontract conditions, in conjunction with the following project procurement methods: (i) design and construct; (ii) design development and con
13、struct; or (iii) design, novate and construct. If either (b) or (c) above applies, and the project procurement method chosen is: (a) design and constructthe Consultant will be responsible for design to a Contractor engaged in an AS 49022000 Contract or to a Subcontractor engaged in an AS 49032000 Su
14、bcontract (as the case requires). (b) design development and constructthe Consultant will be responsible for the development of the detailed design from a preliminary design provided by the Principal in an AS 49022000 Contract or by the Main Contractor in an AS 49032000 Subcontract (as the case requ
15、ires). (c) design, novate and constructthe Consultant will be responsible for the development of a preliminary design to the Principal in an AS 49022000 Contract or to the Main Contractor in an AS 4903 2000 Subcontract (as the case requires). Subsequent to novation, the Consultant will be responsibl
16、e for the detailed design to the Contractor in an AS 49022000 Contract or to the Subcontractor in an AS 49032000 Subcontract (as the case requires). The Standard is downloaded from Standard Sharing Consultants agreementDesign and construct AS 49042009 iii Clauses prefixed by * may be omitted in the
17、 Contract, where necessary, but consequential amendments may be necessary. Such omission should be clearly shown on the face of the document by striking out these clauses and indicating clearly in Annexure Part E or elsewhere that they are not to apply. See paragraph (i) of clause 1 on page 3 for th
18、e effect of stating changes in Annexure Part E. Users of this Standard are advised of the importance of completing the Annexures, as in some cases completion of the Item is necessary for the operation of the corresponding clause. Warnings (1) Users of this Australian Standard are warned that clause
19、9, Damage to persons or property other than the Services, does not limit the liability of parties for special, indirect or consequential losses, notwithstanding any limitations or exclusions permitted under insurance clauses 10, (Professional indemnity insurance), and 11, (Public liability insurance
20、). (2) The Consultants warranties in subclause 2.2 may impose liability on the Consultant regardless of the Consultants exercise of due skill, care and diligence. Consultants should seek insurance advice and legal advice before accepting these warranties. (3) A Client should ensure that its specific
21、 requirements are fully and completely incorporated in its project requirements obtaining specialist advice if necessary. Where a Consultant provides a proposed design as part of its offer, the parties should consider whether that design should form part of the project requirements. (4) The risk all
22、ocation, drafting, interpretation and construction of this Standard are interrelated. Users who alter the Standard do so at their own risk and should obtain specialist advice as to whether it is suitable for the particular project. (5) Legislation has come into force in some jurisdictions dealing wi
23、th security of payments which may affect Clause 23. Parties intending to use this Standard should seek expert advice as to their rights and obligations under such legislation. Consultants agreementDesign and construct AS 49042009 iv Contents Clause Title Page 1 Interpretation and construction of Con
24、tract 1 2 Nature of contract 3 3 Evidence of Contract 4 4 Service of notices 4 5 Documents and information 4 6 Assignment and subcontracting 6 7 Intellectual property rights 8 8 Legislative requirements 8 9 Damage to persons and property 9 10 Professional indemnity insurance 10 11 Public liability i
25、nsurance 10 12 Insurance of employees 11 13 Inspection and provisions of insurance policies 11 14 Client 12 15 Consultants representative and key personnel 13 16 Consultants employees and subconsultants 13 17 Access 13 18 Quality assurance 14 19 Programming 14 20 Suspension 15 21 Time, progress and
26、additional remuneration 15 22 Variations 17 23 Payment 18 24 Payment of workers and subconsultants 19 The Standard is downloaded from Standard Sharing Consultants agreementDesign and construct AS 49042009 v 25 Default or insolvency 19 26 Termination by frustration 23 27 Notification of claims 23 28
27、 Dispute resolution 24 29 General limitation of liability 25 30 Waiver of conditions 25 Annexure Part A 26 Annexure Part B The Services 32 Annexure Part C Fee 33 Annexure Part D Deed of novation 35 Annexure Part E Deletions, amendments and additions 37 Index 38 Consultants agreementDesign and constr
28、uct AS 49042009 vi This page has been left blank The Standard is downloaded from Standard Sharing Consultants agreementDesign and construct AS 49042009 Standards Australia 1 1 Interpretation and construction of Contract In the Contract, except where the context otherwise requires: Item means an Ite
29、m in Annexure Part A; Client means the person stated in Item 1; Clients project requirements means the Clients written requirements for the Services described in the documents stated in Item 9 which: (a) shall include the stated purpose for the Services; (b) may include the Clients design, timing an
30、d cost objectives; and (c) where stated in Item 10, shall include a preliminary design; compensable cause means: (a) any act, default or omission of the Client or its consultants, agents or other contractors (not being employed by the Consultant); or (b) those listed in Item 22; completion means com
31、pletion of the Services; Consultant means the person bound to carry out and complete the Services; Consultants design obligations means all those tasks necessary to design and specify that part of the project the subject of the Services and, if the documents stated in Item 9 as describing the Client
32、s project requirements include a preliminary design, developing the preliminary design; Contract has the meaning in clause 3; date of acceptance of tender means the date which appears on the written notice of acceptance of the offer; date for completion means the date in Item 5, or that resulting fr
33、om an EOT; design documents means the drawings, specifications and other information, samples, models, patterns and the like required by the Contract and created (and including where the context so requires, those to be created by the Consultant) as part of the Services; direction includes agreement
34、, approval, assessment, authorisation, certificate, decision, demand, determination, explanation, instruction, notice, order, permission, rejection, request or requirement; dispute has the meaning in clause 28; EOT (from extension of time) has the meaning in subclause 21.2; fee means that fee calcul
35、ated in accordance with Annexure Part C; fee adjustment means a sum assessed by the Client to be added to or deducted from the fee; final certificate has the meaning in subclause 23.2; final payment claim means the final payment claim referred to in subclause 23.2; intellectual property right means
36、any patent, registered design, trademark or name, copyright or other protected right; key personnel means those personnel stated in Item 6; Consultants agreementDesign and construct AS 49042009 2 Standards Australia legislative requirements includes: (a) Acts, Ordinances, regulations, by-laws, order
37、s, awards and proclamations of the jurisdiction where the Services, or the particular part thereof, are being carried out; (b) certificates, licences, consents, permits, approvals and requirements of organisations having jurisdiction in connection with the carrying out of the Services; and (c) fees
38、and charges payable in connection with the foregoing; preliminary design means the documents stated in Item 10; prescribed notice has the meaning in subclause 27.1; program has the meaning in clause 19; public liability policy has the meaning in clause 11; qualifying cause of delay means: (a) any ac
39、t, default or omission of the Client or its consultants, agents or other contractors (not being employed by the Consultant); or (b) other than: (i) a breach of omission by the Consultant; and (ii) stated in Item 21; selected subconsultant has the meaning in subclause 6.3; the Services means the serv
40、ices in Annexure Part B which the Consultant is or may be required to carry out and complete as part of the project in accordance with the Contract, including variations; variation has the meaning in clause 22; and like words have a corresponding meaning. In the Contract: (a) references to days mean
41、 calendar days and references to a person include an individual, firm or a body, corporate or unincorporate; (b) time for doing any act or thing under the Contract shall, if it ends on a Saturday, Sunday or Statutory or Public Holiday, be deemed to end on the day next following which is not a Saturd
42、ay, Sunday or Statutory or Public Holiday; (c) clause headings and subclause headings shall not form part of, nor be used in the interpretation of, the Contract; (d) words in the singular include the plural and words in the plural include the singular, according to the requirements of the context. W
43、ords importing a gender include every gender; (e) communications between the Client and the Consultant shall be in the English language; (f) measurements of physical quantities shall be in legal units of measurements of the jurisdiction in Item 7; (g) unless otherwise provided, prices are in the cur
44、rency in Item 8(a) and payments shall be made in that currency at the place in Item 8(b); The Standard is downloaded from Standard Sharing Consultants agreementDesign and construct AS 49042009 Standards Australia 3 (h) the law governing the Contract, its interpretation and construction, and any agr
45、eement to arbitrate, is the law of the jurisdiction in Item 7; and (i) the changes in Annexure Part E shall be deemed to be part of these General Conditions. 2 Nature of Contract 2.1 Performance and payment The Consultant shall carry out and complete the Services in accordance with the Contract and
46、directions authorised by the Contract. The Client shall pay the Consultant the fee as adjusted in accordance with the Contract. 2.2 Consultants warranties Without limiting the generality of subclause 2.1, the Consultant warrants that: (a) the Consultant: (i) at all times shall be suitably qualified
47、and experienced, and shall exercise due skill, care and diligence in carrying out and completing the Services; and *(ii) has examined the Clients project requirements and exercising the due skill, care and diligence referred to in subclause 2.2(a)(i), that the Services are suitable, appropriate and
48、adequate for the purposes stated in the Clients project requirements; *(b) to the extent that the Consultants design obligations, exercising the due skill, care and diligence referred to in subclause 2.2(a)(i) are within the discretion and control of the Consultant, the Consultants design obligation
49、s, when carried out, shall meet the Clients project requirements; and (c) subject to clause 6, the subconsultants identified in the Consultants offer and key personnel are suitably qualified and experienced. *NOTE: See Preface on page (iv). 2.3 Warranties unaffected The warranties remain unaffected notwithstanding: (a) that the Consultant has entered into a deed of novation pursuant to subclause 6.4 in respect