ABIC simple Works Contract (Tara)

Question 1

What should you do if you are wanting to include special conditions?

Answer 1

Get a lawyer to write any special conditions.

Question 2

if you are using the default document order of precedence, should you still write it in?
And what does large scale over small scale mean?

Answer 2

Yes. Still write it in because then everyone knows it’s deliberate (Nicole)

Large vs. small scale means 1:20 drawings will override 1:100 for example.

Question 3

What is the builders responsibility when they are committing by signing the contract under A3?

Answer 3

They are promising to be able to build the building off the documents that have been provided.

Question 4

What does A5 Warranties of owner clarify in terms of liability to materials?

Answer 4

the owner warrants that all materials comply with the building code. However, if the contractor: a - Is or becomes aware that the owners this five materials you don’t or will not comply, or B - has a reasonable doubt about whether the owners specified materials do or will comply with the building code Then the contractor must promptly give the owner a notice and a copy to the architect, identifying the relevant owners specified materials and stating that they may not be compliant with the building code and not be fit for the intended purpose. If the owners best five materials are not compliant with the building code and the contract are has not given such a notice, then the warranty in clause 85.5 does not apply and is of no effect.

Question 5

what are the three types of risks on site and three types of insurances to cover the risks that builders should have?

Answer 5

Building works insurance: covers the physical things on the site. The existing building should be included.

Workers compensation: risk of people getting hurt

Public Liabilty: damage or hurt to third parties

Question 6

Does the ABIC SW include and spot to nominate the date of site possession for the contractor?

Answer 6

No. It just says a 10 days after signing of the contract or otherwise nominated.

But the ABIC Major Works contract does.

Question 7

What does section A of the ABIC-SW contract cover?

Answer 7

Cooperative contracting

Obligations of the contractor

Warranties by the contractor

Obligations of the owner

Warranties by the owner

Architect to administer contract

Architects instruction

Disputing architects certificate or written decision

Disputing architects failure to act

Failure to give written certificate, written decision or notice is not acceptance

Compensation is sole remedy

Question 8

At what point in the contract timeline does the builder have to hold insurance over the site which is unique to the ABIC contract?

Answer 8

Final completion.

Others will only request them to hold insurance until practical completion.

This is so that they have insurance for when they are working on site rectifying defects.

Question 9

the owner needs to Inform architect and contractor of alteration to financial
position when?

Answer 9

immediately

Question 10

The contractor must begin works within how many days of site possession?

Answer 10

10 working days

Question 11

The contractor or owner must Notify architect in writing of discrepancy in documents when?

Answer 11

Promptly

Question 12

When is the release of 50% of security?

Answer 12

Within the time shown in item 10 of schedule 1 after issue of notice of
practical completion

Question 13

When is the full security released?

Answer 13

Within the time shown in item 10 of schedule 1 after issue of
final certificate

Question 14

The contractor must notify and seek instruction due to latent condition within how many days?

Answer 14

within 5 working days of discovery

Question 15

How long does the architect have to respond an dgive written instruction regarding a latent condition?

Answer 15

Promptly/as soon as practible

Question 16

The contractor must submit a detailed claim within what time frame?

Answer 16

Within the time agreed, or within 20 working days of

receiving instruction or becoming aware of event

Question 17

When does the contractor have to notify the architect of any delays?

Answer 17

Within 2 working days of becoming aware of delay and Within 2 working days of becoming aware of end of delay

Question 18

The contractor must Give architect official documents for occupation and
evidence of successful commissioning tests within how many days from practical completion?

Answer 18

Within agreed time for architect’s inspection or if none, 10 working days

Question 19

Architect must issue progress certificate within how many days?

Answer 19

Within 10 business days after receipt of claim

Question 20

The architect or owner can terminate the ABIC contract due to insolvency within what time period?

Answer 20

Immediately

Question 21

When is an instruction automatically a variation?

Answer 21

An instruction from the architect to resolve a discrepancy, an ambiguity, or an omission that
is not in accordance with the order of precedence referred to in clause B2, is an instruction for a *variation.