MC-003_-_ACC

Amendments and Conditions Overview

General Structure

  • Title: Amendments to the Articles of Agreement and Conditions of Contract (Standard Form of Building Contract, Private Edition - Without Quantities, 2006 Edition)

  • Contents Overview: Each section focuses on specific clauses affecting contractor obligations, architect instructions, variations, and more.

Key Articles and Conditions

  • Article / General Condition:

    • Page 5 & 7 - Articles of Agreement

    • AC-1 - Contractor’s obligations

    • AC-2 - Architect’s instructions

    • AC-4 - Documents forming the contract

    • AC-5 - Statutory obligations

    • AC-6 - Setting out the Works

    • AC-7 - Materials, goods, and workmanship

    • AC-8 - Intellectual property rights

  • Additional Conditions:

    • Access for the Architect (AC-11)

    • Substantial completion and defects liability (AC-9)

    • Assignment or sub-letting (AC-11)

    • Insurances (AC-13)

Special Articles of Agreement

General Amends

  • Article 5 Changes:

    • Removal of previous clauses (5(2), 5(3), 5(4)) and renumbering of Article 5(5).

    • New Article 7 acknowledging special conditions and acceptance letter terms.

    • All contracts must be executed under seal with precedence to special conditions.

Typographical Corrections

  • Corrections Included:

    • Clause 35.4(8): Removal of unnecessary commas.

    • Clause 40(2): Amend references for clarity.

Contractor's Obligations (Clause 2)

Modifications

  • Clause 2.1:

    • Change language to emphasise contractor's competence and resources.

  • Clause 2.3:

    • Acknowledges not reducing contractor's other obligations.

  • Clause 2.4 Changes:

    • Review documents for discrepancies and instruct the architect when issues arise.

  • New Clauses Introduced:

    • 2.5 (1): Safety responsibility on site.

    • 2.5 (2-3): Compliance with safety regulations and specific staffing requirements (safety officers).

Architect’s Instructions (Clause 4)

Major Changes

  • Clause 4.1 Adjustments:

    • Revised instruction compliance language.

  • Clause 4.2 and 4.3:

    • Simplified clauses and details on compliance.

    • Removal of redundant clauses.

Documents Forming the Contract (Clause 5)

Key Changes

  • Manual Submission:

    • Timelines associated with the operation and maintenance manuals with penalties for non-submission.

  • As-built Drawings:

    • Requirements emphasized, along with penalties for failure to submit.

Statutory Obligations (Clause 6)

Notable Adjustments

  • Increased responsibilities for contractor payments related to statutory requirements.

Intellectual Property Rights (Clause 9)

Significant Revisions

  • Ownership and Licensing:

    • Contractor maintains copyright but grants employer a broad license to use work produced.

  • Indemnification Clause:

    • Contractor is responsible for infringement claims.

Variations and Provisional Items (Clause 13)

Instructions and Empowerment

  • Architect's ability to nominate subcontractors without contractor consent clarified.

Substantial Completion (Clause 17)

Specifications for Certification

  • Comprehensive outline of requirements for substantial completion certification to ensure building readiness.

Extension of Time (Clause 25)

Adjustments

  • Reduction of timeframes for requests and new conditions for entitlement.

Direct Loss and Expense (Clause 27)

New Guidelines

  • Conditions precedent introduced to contractor's claims for payments relating to direct loss.

Conclusion

  • Final Thoughts:

    • Multiplicity of amendments redesign and clarify the contractor’s obligations and the architect’s instructions to mitigate risks that could lead to disputes.