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Contracts and standards / New South Wales

C41 Terms for Contracted Work (Minor Physical Works and Services), Transport for NSW

conditions of contract, published by Transport for NSW, RMS edition, document D11032802 (the public copy is ICAC exhibit E23-1349-AS-25-0001, 67 pages). New South Wales.

12 obligations, clause by clause.

12 obligations transcribed from the conditions of contract, each held with its clause, the window it sets and what missing it costs.

Where it is writtenThe obligationWindowIf missedDisease
cl 5.3Notify RMS in writing, promptly, of anything that may delay the progress of the Contracted Work, with details of the possible delay and its causeheld in the contract notice registernone seta breach of contractMissed claims
cl 5.4.2Give RMS written notice of a delay, with its details, causes and the extra time claimed, within 28 days of the start of the delayheld in the contract notice register28 daysthe claim is barredMissed claims
cl 9.2Write to the RMS Representative, before complying where possible and within 7 days of the direction, setting out why a direction that is not stated to be a variation direction is oneheld in the contract notice register7 daysthe claim is barredMissed claims
cl 5.2Perform the Contracted Work to the program submitted to RMS and notify RMS of every change to itheld in the programme registernone seta breach of contractMissed claims
cl 23.1.1, 23.1.2Submit each month's Payment Claim on the Payment Claim Day the Contract Schedule names, lodged electronically at the Contract Schedule addressheld in the progress claim register1 montha breach of contractDisputes
cl 4.6.3Submit with every Payment Claim a summary of product quality records showing each lot or component of the Contracted Work conforms with the Contractheld in the inspection test result register1 montha breach of contractDisputes
cl 4.6.4Retain quality records for at least 5 years after the end of the last warranty period, and give RMS access to them or deliver them on requestheld in the inspection test result register60 monthsa breach of contractLapsed compliance
cl 20, 3.1Lodge the security the Contract Schedule requires, in cash or an unconditional undertaking in the Schedule 1 form, within 14 days of the date of RMS's letter accepting the tenderheld in the bank guarantee register14 daysa breach of contractLapsed compliance
cl 27After the last warranty period ends, request the release of the security; RMS releases it within 14 days of the request if satisfiedheld in the contract notice registernone setno penalty statedMissed claims
cl 3.2Satisfy the cl 3.1 conditions and start the Contracted Work within 14 days of the date of the Letter of Award, unless otherwise advisedheld in the site diary register14 daysa breach of contractLapsed compliance
cl 3.1.2, 19.1.3Before starting, give RMS certificates of currency for the insurances you must hold, and the details the RMS Insurer needs for Principal Arranged Insuranceheld in the insurance certificate registernone seta breach of contractLapsed compliance
cl 29Respond to a show cause notice within 14 days, showing cause to RMS's satisfaction why the Contract should not be terminatedheld in the contract notice register14 daysa breach of contractDisputes

Extension of time, contract by contract: What is an extension of time?, EOT claims, Notice of delay, Late claims.

What this page is, and is not.

It is the clause text this library holds for this document, with the window and the consequence. It is not legal advice, and it is not a substitute for reading the document you signed.

No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.

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Common questions

What does C41 Terms for Contracted Work (Minor Physical Works and Services), Transport for NSW cl 5.3 require?

Notify RMS in writing, promptly, of anything that may delay the progress of the Contracted Work, with details of the possible delay and its cause. Missing it: a breach of contract. The clause sets no day count. Demiton watches it against the contract notice register.

What does C41 Terms for Contracted Work (Minor Physical Works and Services), Transport for NSW cl 5.4.2 require?

Give RMS written notice of a delay, with its details, causes and the extra time claimed, within 28 days of the start of the delay. Missing it: the claim is barred. The window is 28 days. Demiton watches it against the contract notice register.

What does C41 Terms for Contracted Work (Minor Physical Works and Services), Transport for NSW cl 9.2 require?

Write to the RMS Representative, before complying where possible and within 7 days of the direction, setting out why a direction that is not stated to be a variation direction is one. Missing it: the claim is barred. The window is 7 days. Demiton watches it against the contract notice register.

What does C41 Terms for Contracted Work (Minor Physical Works and Services), Transport for NSW cl 5.2 require?

Perform the Contracted Work to the program submitted to RMS and notify RMS of every change to it. Missing it: a breach of contract. The clause sets no day count. Demiton watches it against the programme register.

What does C41 Terms for Contracted Work (Minor Physical Works and Services), Transport for NSW cl 23.1.1, 23.1.2 require?

Submit each month's Payment Claim on the Payment Claim Day the Contract Schedule names, lodged electronically at the Contract Schedule address. Missing it: a breach of contract. The window is 1 month. Demiton watches it against the progress claim register.

Does Demiton hold every obligation in C41 Terms for Contracted Work (Minor Physical Works and Services), Transport for NSW?

No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.

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