ABIC SW Definitions Flashcards
Adjustment of time costs
Includes any loss, expense or damage reasonably incurred by the contractor that results from a delay due to the causes referred to in clause L1
Authorised person
A building inspector or certifier or other person authorised under relevant legislation having jurisdiction over the works
Building code
Means volume one and two of NCC as in force as at the date of commencement of the works
Business day
Any day other than a Saturday, Sunday or Statutory public holiday in the state or territory shown in item 35 of schedule 1
Claim to adjust the contract
A claim made to the architect to adjust the contract peace (including adjustment of time costs) or the date for practical completion or both
Contract documents
Any special conditions shown in schedule 2, the conditions of this contract, the specifications, the drawings and any other documents shown in schedule 3
Contract price
Clause N1
The contract price, shown in item 4 of schedule 1 is a lump sum and the contractor represents that the contract price allows for:
- everything reasonably required in accordance with this contract to complete the works
- all provisional and prime cost sums in Schedule 6 & 7
- installation of any items in schedule 8 to be supplied by the owner and installed by the contractor
- rise and fall
- all statutory taxes and charges applying 5 working days before tender closes
- import duties and tariffs on imported materials or equipment to be incorporated in or used in the completion of the works applying 5 working days before the tender closes
- exchange rates applying 5 working days before tender closes
- relevant industrial awards and work place agreements, site allowances, building industry superannuation levies and long service leave levies
- GST
Cost of building work
The actual net cost of the works excluding any amounts for GST
Critical construction activity
Clause L4.2
An activity which is part of the necessary work that if delayed will have a direct effect on subsequent activities such that the contractor’s ability to achieve practical completion by the date for practical completion will be affected
Defect or defective work
Work that is:
a. In breach of any of the warranties set out in the contract documents
b. Not in accordance with the standard or quality of building works specified in the contract documents
Detailed records
Clause J4.4
Written records maintained by the contractor of the hours worked and all other costs incurred by the contractor and the subcontractors in carrying out the variation
GST
Goods and services tax levied under the GST Act
GST Act
A New Tax System (Goods and Services Tax) Act 1999
Infrastructure service
A service to the site for which there is an alternative source of supplier or supply such as gas, electricity, telecommunications, water, stormwater or sewerage
Input tax credit
Has the same meaning as ‘input tax credit’ under the GST Act
Insolvency event
In relation to a person, means anything that indicates that the person is or will become unable to pay their debts as and when they become due or payable including:
a. The person is declared, made or becomes insolvent
b. An execution or distress process is levied against the person’s assets which include the person’s income
c. The person enters into a deed of company arrangement with the person’s creditors
D. The person fails to comply with a bankruptcy notice or a statutory demand served under the corporation law
e. A provisional liquidator, liquidator, receiver, receiver and manager, administrator, scheme administrator, controller or other such administrator is appointed (whether by a court, creditor or otherwise) to the person or over the person’s assets
f. A trustee in bankruptcy, interim receiver, controlling trustee or other such administrator is appointed (whether by a court, creditor, or otherwise) to the person or over the person’s assets
Latent condition
Clause F5.2
A physical condition on, underlying or adjacent to the site which a competent contractor would not have anticipated if the contractor had examined the site information and inspected the site before executing this contract
Necessary work
All work including temporary work necessary to complete the works
Non-working days
Statutory public holidays and rostered days off and recognized industry shut-down periods in the State of Territory shown in item 29 of schedule 1
Official document
Clause B3.2
An official document is:
- any report, notice, order, permit, license, approval or other document required or issued by an authorised person in relation to the works
- Any document listed in item 30 of schedule 1
- any statutory approval
- an approval for provision of infrastructure services to the site
- any other document required under any relevant legislation
Owner-specified materials
All items, materials, fixtures and fittings sources or supplied and requested by the owner to be incorporated into the works
Party or parties
The owner or the contractor or both, as the case may be
PPSR
The Personal Property Security Register, or equivalent national register for security interests in personal property from time to time
Practical completion
Clause M1
The contractor must bring the works to practical completion by the date for practical completion shown in item 22 of schedule 1 as adjusted in accordance with the contract. The works are at practical completion when, in the reasonably opinion of the architect:
- they are substantially complete and any incomplete work or defects remaining in the works are of a minor nature and number, the completion or rectification of which is not practicable at that time and will not unreasonably affect occupation and use
- all commissioning tests for plant and equipment in item 28 of schedule 1 have been successfully carried out
- any approvals required for occupation have been obtained from the relevant authorities and copies of official documents evidencing the approvals have been provided to the architect
