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AS 49172003

(Incorporating Amendment No. 1)

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Australian Standard

Construction management trade contractGeneral conditions

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AS 49172003

This Australian Standard was prepared by Committee OB-003, General Conditions of Contract. It was approved on behalf of the Council of Standards Australia on 18 June 2003. This Standard was published on 22 August 2003.

Association of Consulting Engineers Australia Australasian Railways Association

Australian Chamber of Commerce and Industry AUSTROADS


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Australian Procurement and Construction Council

Construction Industry Engineering Services Group Construction Policy Steering Committee Institution of Engineers, Australia Law Council of Australia Master Builders Australia Electricity Supply Association of Australia

Institution of Professional Engineers, New Zealand

National Construction Council/MTIA

Process Engineers and Constructors Association Royal Australian Institute of Architects

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This Standard was issued in draft form for comment as DR 01241.

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Keeping Standards up-to-date

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The following are represented on Committee OB-003:

AS 49172003
(Incorporating Amendment No. 1)

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Australian Standard

Construction management trade contractGeneral conditions

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COPYRIGHT Standards Australia All rights are reserved. No part of this work may be 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 5420, Sydney, NSW 2001, Australia ISBN 0 7337 3362 X

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First published as AS 49172003. Reissued incorporating Amendment No. 1 (March 2005).

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AS 49172003

Preface
This Standard was prepared by the Australian members of the Joint Standards Australia/Standards New Zealand Committee OB-003, General Conditions of Contract.

After consultation with stakeholders in both countries, Standards Australia and Standards New Zealand decided to develop this Standard as an Australian Standard rather than an Australian/New Zealand Standard.
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AS 49172003 Construction management trade contractGeneral conditions is part of the suite of conditions of contract based on AS 4000 1997 General conditions of contract. Subclauses 8.6 and 29.2 prefixed by * are optional, and may be omitted in the Contract, where necessary, without making consequential amendments but such omission should be clearly shown on the face of the document by striking out these subclauses or indicating clearly in Annexure Part C or elsewhere that they are not to apply. See paragraph (i) of clause 1 on page 5 for the effect of stating changes in Annexure Part C. Warnings 1)

Users of this Standard are warned that clause 15 (Damage to persons and property other than (work under the Contract (WUC)) does not limit the liability of parties for special, indirect or consequential losses. This unlimited liability applies notwithstanding any limitations or exclusions permitted under insurance clauses 16 (Insurance of the Works) and 17 (Public liability insurance). Parties wishing to limit their liability should seek insurance and legal advice before entering a contract under this Standard. Legislation has come into force in some jurisdictions dealing with security of payments. Parties intending to use this Standard should seek expert advice as to their rights and obligations under such legislation.

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2)

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This Standard incorporates Amendment No. 1 (March 2005). The changes required by the Amendment are indicated in the text by a marginal bar and amendment number against the clause, note, table, figure or part thereof affected.

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AS 49172003

Contents

Clause 1 2 3 4
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Title Interpretation and construction of Contract Nature of Contract Provisional sums Separable portions Security Evidence of Contract Service of notices Contract documents

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1 5 7 7 7 9 9 9 11 12 12 13 13 14 15 15 16 17 17 19 19 20 20 20 21 22 23

5 6 7 8 9 10 11 12 13 14 15 16 17 18

Intellectual property rights Legislative requirements

Protection of people and property Urgent protection

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19 20 21 22 23 24 25 26 27 Site Cleaning up

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Insurance of the Works Public liability insurance Insurance of employees Construction Manager Latent conditions Setting out the Works

Care of the work and reinstatement of damage Damage to persons and property other than WUC

Inspection and provisions of insurance policies

Construction Manager's Representative

Trade Contractor's representative Trade contractor's employees and subcontractors

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Assignment and subcontracting

AS 49172003

Clause 28 29 30 31 32
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Title Materials, labour and construction plant Quality

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23 24 25 26 26 27 28 30 30 31 33 34 38 38 39 40 40

Examination and testing Working hours Programming Suspension Time and progress Defects liability Variations Payment

33 34 35 36 37 38 39 40 41 42 43 44

Payment of workers and subcontractors Default or insolvency

Termination by frustration Notification of claims Dispute resolution

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Waiver of conditions Services and facilities Annexure Part A Annexure Part B Annexure Part C Index

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41 55 56

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AS 4917-2003 (Reference Use Only), Construction management trade contract - General conditions
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