Common use of Construction Contracts Act Clause in Contracts

Construction Contracts Act. The Contractor acknowledges the provisions of the Construction Contracts Act 2004 (WA) (CCA) and (in particular) section 9 of the CCA. The Contractor hereby confirms that nothing in the Contract, the PBA Trust Deed Poll or the PBA Agreement shall be construed as permitting or otherwise allowing the Contractor to implement an arrangement with its Subcontractors that would result in provisions of its Subcontracts having no effect by virtue of the application of section 9 or any other provision of the CCA. Payment of Workers and Subcontractors Delete clause 42 and in lieu thereof insert the following: At the same time as (and no earlier than) any Progress Payment Instruction(s) is issued to the Principal and the Bank, and before the Principal makes that payment into the Project Bank Account, or at any other time requested by the Superintendent the Contractor shall— give the Superintendent a statutory declaration (in a form approved by the Principal) by the Contractor or, where the Contractor is a corporation, by a representative of the Contractor who is in a position to know the facts declared, that all workers who have at any time been employed by the Contractor on WUC have at the date of the request been paid all moneys due and payable to them in respect of their employment on the WUC; and if requested by the Superintendent, provide documentary evidence to the Superintendent that at the date of the declaration all workers who have been employed by a subcontractor or supplier of the Contractor have been paid all moneys due and payable to them in respect of their employment on the WUC. At the same time as (and no earlier than) any Progress Payment Instruction(s) is issued to the Principal and the Bank, and before the Principal makes that payment into the Project Bank Account, or at any other time requested by the Superintendent, the Contractor must give to the Principal a statutory declaration (in the form approved by the Principal) by the Contractor or, where the Contractor is a corporation, by a representative of the Contractor who is in a position to know the facts declared, that: the Progress Payment Instruction(s) are true and accurate and comply with the Contract (and to avoid doubt and without limitation, properly allocate amounts payable to Subcontractors pursuant to their subcontracts); all Opt-in Subcontractors who wish to become a 'Subcontractor' have been provided with an Opt-in Notice; to the extent that any previously issued Progress Payment Instruction was not correct or for any other reason, the Contractor has no outstanding liabilities to Subcontractors or any other subcontractor or supplier (regardless of subcontract value) in connection with the Works, other than the payments the subject of the Progress Payment Instruction; the Payment Report issued with the Progress Payment Instruction(s) is true and accurate; and there has been no change (after the date of this Contract) in the security interests registered over the Contractor (as identified under the Personal Property Securities Register) or if there has been a change, the Contractor has provided a duly executed deed of release or priority deed poll (in form and substance acceptable to the Principal) to the Principal, or will provide such deed of release or priority deed poll within 1 day of the change, in each case as at (and no earlier than) the date of the Progress Payment Instruction(s) issued. The statutory declaration must not be signed and dated earlier than the date of the relevant Progress Payment Instruction(s). If the Contractor fails to comply with this clause, the Principal may withhold payment of moneys due to the Contractor until the statutory declaration or documentary evidence (as the case may be) is received by the Superintendent. If the Contractor provides to the Superintendent satisfactory proof of the maximum amount due and payable to workers and Subcontractors by the Contractor, the Principal shall not be entitled to withhold any amount in excess of the maximum amount. At the written request of the Contractor and out of moneys payable to the Contractor, the Principal may on behalf of the Contractor make payments directly to any worker, subcontractor or supplier. If any worker, subcontractor or supplier obtains a court order or determination, pursuant to s 31(2)(b) of the Construction Contracts Act 2004 (WA) in respect of moneys referred to in clause 42.1(i) or (ii) and produces to the Principal the court order or determination and a statutory declaration that it remains unpaid, the Principal may pay the amount of the order or determination, and costs included in the order or determination, to the worker, subcontractor or supplier and the amount paid shall be a debt due from the Contractor to the Principal. Default by the Contractor Insert after the first paragraph of clause 37.1.7 the following: in respect of special condition 3.2.2, failed, within 28 days of the award of the Contract, to deliver to the Principal a duly executed deed of release or priority deed poll when required to do so by that clause; if there is a change (after the date of this Contract) in the security interests registered over the Contractor (as identified under the Personal Property Securities Register) failed to provide a duly executed deed of release or priority deed poll (in form and substance acceptable to the Principal) to the Principal within 14 days of the change; breached the PBA Trust Deed Poll or the PBA Agreement which (in the opinion of the Principal) such breach is not minor or inconsequential in nature; in respect of clause 42, knowingly provided documentary evidence containing an untrue statement; failed to comply with all payment obligations to workers and subcontractors in accordance with the provisions of the Contract; COVID-19 SPECIAL CONDITIONS [Delete entire clause if COVID-19 provisions are not required] Definitions In this special condition 4, the following words have the meanings hereby assigned to them, except where the context otherwise requires: “Change in COVID-19 Law” means a COVID-19 Law which: comes into effect, or ceases to be in effect, after the Relevant Date but does not include an extension of a declaration or other subordinate legislation in effect on the Relevant Date on the same or substantially the same terms; necessitates, or results in, a change in the Works or the Contractor's method of working; and directly results in an increase or decrease in the Costs incurred by the Contractor in carrying out the Works.