Common use of Description of Subcontract Works Clause in Contracts

Description of Subcontract Works. Subject to clause 6.11, the Subcontractor must construct the Subcontract Works in accordance with: the Subcontract Works Description and any Design Documentation issued by the Contractor’s Representative under clause 8.8 (if Option 1 of that clause applies); if the Subcontract requires the Subcontractor to design any part of the Subcontract Works, any Design Documentation prepared by the Subcontractor in accordance with the requirements of the Subcontract, and which the Subcontractor is entitled to use for construction purposes under clause 6.3; any direction of the Contractor’s Representative given or purported to be given under a provision of the Subcontract, including any Variation directed by the Contractor’s Representative by a document titled “Variation Order”; and the other requirements of the Subcontract. All Work Included The Subcontractor has allowed for the provision of all Plant, Equipment and Work, materials and other work necessary for the Subcontractor’s Activities, whether or not expressly mentioned in the Subcontract Works Description or any Design Documentation. Any such Plant, Equipment and Work, materials and other work: must be undertaken and provided by the Subcontractor; and forms part of the Subcontractor’s Activities and will not entitle the Subcontractor to make a Claim except as otherwise provided for in the Subcontract. Statutory Requirements The Subcontract Particulars specify the Approvals which exist at the Award Date or which the Commonwealth or the Contractor will obtain after the Award Date. In carrying out the Subcontractor’s Activities, the Subcontractor must: unless otherwise specified in the Subcontract Particulars, comply with all applicable Statutory Requirements; without limiting subparagraph (i): apply for and obtain all Approvals other than those specified in the Subcontract Particulars; and give all notices and pay all fees and other amounts which it is required to pay in respect of the carrying out of its Subcontract obligations; and promptly give the Contractor’s Representative copies of all documents (including Approvals and other notices) that any authority, body or organisation having jurisdiction over the Site, the Subcontractor’s Activities or the Subcontract Works issues to the Subcontractor. Change in Statutory Requirements or Variance with Subcontract If: there is any change in a Statutory Requirement after the Award Date; or a Statutory Requirement is at variance with the Subcontract, then if it is discovered by: the Subcontractor, then the Subcontractor must promptly give the Contractor’s Representative notice in writing. After receipt of a notice from the Subcontractor, the Contractor’s Representative must within 14 days of receipt of the notice instruct the Subcontractor as to the course it must adopt insofar as the Subcontractor’s Activities are affected by the change or variance; or the Contractor, then the Contractor’s Representative must promptly give the Subcontractor notice in writing together with an instruction as to the course it must adopt insofar as the Subcontractor's Activities are affected by the change or variance. Subject to paragraph (c), the Subcontractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Subcontract Price increased by the extra costs reasonably incurred by the Subcontractor after the giving of the notice under paragraph (a) which arise directly from the change or variance and the Contractor’s Representative’s instruction under paragraph (a)(iii) or (iv), as determined by the Contractor’s Representative. The Subcontract Price will be decreased by any saving made by the Subcontractor which arise directly from the change or variance and the Contractor’s Representative’s instruction under paragraph (a)(iii) or (iv), as determined by the Contractor’s Representative. To the extent permitted by law, the Subcontractor will not be entitled to make (nor will the Contractor be liable upon) any Claim arising out of or in connection with the change or variance or the Contractor’s Representative’s instruction under paragraph (a), other than under paragraphs (b)(i) and (ii). Subcontracting The Subcontractor: must not without the prior written approval of the Contractor’s Representative, subcontract any work specified in the Subcontract Particulars except to a subsubcontractor specified in the Subcontract Particulars; will: not be relieved of any of its liabilities or obligations under the Subcontract, including those under clause 2.2; and remain responsible for all subsubcontractors and for all work which is or may be subsubcontracted, as if it was itself executing the work, whether or not any subsubcontractors default or otherwise fail to observe any of the requirements of the relevant subsubcontract; will be vicariously liable to the Contractor for all acts, omissions and defaults of its subsubcontractors (and those of the employees and agents of its subsubcontractors) relating to, or in any way connected with, the Subcontractor’s Activities; must ensure that each subsubcontract contains provisions: which bind the subsubcontractor to participate in any novation required by the Contractor under clause 14.5(a)(ii); and as otherwise required by the Subcontract; and must, if requested by the Contractor’s Representative: execute; procure the relevant subsubcontractor to execute; and deliver to the Contractor’s Representative, a Subsubcontractor Deed of Covenant or Consultant Deed of Covenant, duly completed with all relevant particulars: as a condition precedent to seeking the prior written approval of the Contractor’s Representative under paragraph (a); or when such approval is not required, within the time required by the Contractor’s Representative and in any event before commencement of work by the relevant subsubcontractor. No Subsubcontractor Deed of Covenant or Consultant Deed of Covenant will be construed in any way to modify or limit any of the rights, powers or remedies of the Contractor against the Subcontractor under the Subcontract or otherwise at law or in equity. Collateral Warranties The Subcontractor must, as a condition precedent to Completion of the Subcontract Works or a Stage specified in the Subcontract Particulars, procure and provide the Contractor with the warranties specified in the Subcontract Particulars: from the relevant subsubcontractor undertaking or supplying the work or item the subject of the warranty; in the form of the Collateral Warranty; and for the minimum warranty periods stated in the Subcontract Particulars. No Collateral Warranty will be construed in any way to modify or limit any of the rights, powers or remedies of the Commonwealth or the Contractor (as the case may be) against the Contractor, the Subcontractor or the subsubcontractors (as the case may be) under the Subcontract or otherwise at law or in equity. If the Subcontractor is unable to or fails for any reason to provide any Collateral Warranty required by the Subcontract: the Subcontractor is deemed to have provided the Collateral Warranty itself on like terms; the Commonwealth or the Contractor (as the case may be) will be entitled to elect to take an assignment of all the right, title and interest in the Subcontractor’s rights against the subsubcontractor in relation to the Subcontractor’s Activities; and for the purpose of subparagraph (ii), the Subcontractor irrevocably appoints the Commonwealth or the Contractor (as the case may be) as its lawful attorney to execute any instrument necessary to give effect to the assignment. No assignment under clause 8.6 will be construed in any way to modify or limit any of the rights, powers or remedies of the Commonwealth or the Contractor against the Subcontractor or the subsubcontractor under the Subcontract or otherwise at law or in equity. Provisional Sum Work For each item of Provisional Sum Work, the Contractor’s Representative will give the Subcontractor an instruction either deleting the item of Provisional Sum Work from the Subcontract or requiring the Subcontractor to proceed with the item of Provisional Sum Work. If an item of Provisional Sum Work is deleted from the Subcontract: the Subcontract Price will be reduced by the amount allowed for the item of Provisional Sum Work specified in the Subcontract Particulars; the Contractor may engage an Other Contractor to carry out the item of Provisional Sum Work; and to the extent permitted by law, the Subcontractor will not be entitled to make (nor will the Contractor be liable upon) any Claim arising out of or in connection with the deletion of the item of Provisional Sum Work.

Description of Subcontract Works. Subject to clause 6.11, the The Subcontractor must construct the Subcontract Works in accordance with: the Subcontract Works Description and any Design Documentation issued by the Contractor’s Representative under clause 8.8 (if Option 1 of that clause applies)Description; if the Subcontract requires the Subcontractor to design any part of the Subcontract Works, any Design Documentation the design prepared by the Subcontractor in accordance with the requirements of the Subcontract, and which the Subcontractor is entitled Contractor's Representative has given permission to use for construction purposes under clause 6.35.2; any direction of the Contractor’s Representative 's Representative, given or purported to be given under a provision of the Subcontract, including any a Variation directed by the Contractor’s 's Representative by a document titled “"Variation Order”"; and the other requirements of the Subcontract. All Work Included The Subcontractor has allowed for must, without adjustment of the provision of Subcontract Price, provide all Plant, Equipment and Work, work or materials and other work necessary for the Subcontractor’s Activities's Activities and which a prudent, competent and experienced contractor should have realised would have been required whether or not expressly mentioned in the Subcontract Works Description or any Design Documentation. Any such Plant, Equipment and Work, materials and other work: must be undertaken and provided the design prepared by the Subcontractor; and forms part Subcontractor which the Contractor's Representative has given permission to use under clause 5.2. Resolution of the Subcontractor’s Activities and will not entitle the Subcontractor to make a Claim except as otherwise provided for Ambiguities If there is any ambiguity, discrepancy or inconsistency in the documents which make up the Subcontract. Statutory Requirements The Subcontract Particulars specify the Approvals which exist at the Award Date or which the Commonwealth or the Contractor will obtain after the Award Date. In carrying out the Subcontractor’s Activities: subject to paragraph (b), the Subcontractor must: unless otherwise order of precedence specified in the Subcontract ParticularsParticulars will apply; where the ambiguity, comply with all applicable Statutory Requirements; without limiting subparagraph (i): apply for and obtain all Approvals other than those specified in the Subcontract Particulars; and give all notices and pay all fees and other amounts which it discrepancy or inconsistency is required to pay in respect of the carrying out of its Subcontract obligations; and promptly give the Contractor’s Representative copies of all documents (including Approvals and other notices) that any authority, body or organisation having jurisdiction over the Site, the Subcontractor’s Activities or between the Subcontract Works issues to Description and any other requirement of the Subcontractor. Change in Statutory Requirements Subcontract (including any other requirement of the Subcontract Works Description), the greater, higher or Variance with Subcontract If: there is any change in a Statutory Requirement after the Award Datemore stringent requirement, standard, level of service or scope (as applicable) will prevail; or a Statutory Requirement is at variance with the Subcontractirrespective of whether paragraphs (a) and (b) apply, then if it is discovered by: the Subcontractor, then the Subcontractor must promptly give the Contractor’s 's Representative notice in writing. After receipt of a notice from the Subcontractor, the Contractor’s 's Representative must within 14 days of receipt of the notice instruct the Subcontractor as to the course it must adopt insofar as the Subcontractor’s Activities are affected by the change or varianceadopt; or the Contractor, then the Contractor’s Representative must promptly give the Subcontractor notice in writing together with an instruction as to the course it must adopt insofar as adopt, including, where applicable, by applying the Subcontractor's Activities are affected by the change or variance. Subject to paragraph (c), the Subcontractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Subcontract Price increased by the extra costs reasonably incurred by the Subcontractor after the giving of the notice under paragraph principles in paragraphs (a) which arise directly from the change or variance and the Contractor’s Representative’s instruction under paragraph (a)(iii) or (iv), as determined by the Contractor’s Representative. The Subcontract Price will be decreased by any saving made by the Subcontractor which arise directly from the change or variance and the Contractor’s Representative’s instruction under paragraph (a)(iii) or (iv), as determined by the Contractor’s Representative. To the extent permitted by law, the Subcontractor will not be entitled to make (nor will the Contractor be liable upon) any Claim arising out of or in connection with the change or variance or the Contractor’s Representative’s instruction under paragraph (a), other than under paragraphs (b)(i) and (ii). Subcontracting The Subcontractor: must not without the prior written approval of the Contractor’s Representative, subcontract any work specified in the Subcontract Particulars except to a subsubcontractor specified in the Subcontract Particulars; will: not be relieved of any of its liabilities or obligations under the Subcontract, including those under clause 2.2; and remain responsible for all subsubcontractors and for all work which is or may be subsubcontracted, as if it was itself executing the work, whether or not any subsubcontractors default or otherwise fail to observe any of the requirements of the relevant subsubcontract; will be vicariously liable to the Contractor for all acts, omissions and defaults of its subsubcontractors (and those of the employees and agents of its subsubcontractorsb) relating to, or in any way connected with, the Subcontractor’s Activities; must ensure that each subsubcontract contains provisions: which bind the subsubcontractor to participate in any novation required by the Contractor under clause 14.5(a)(ii); and as otherwise required by the Subcontract; and must, if requested by the Contractor’s Representative: execute; procure the relevant subsubcontractor to execute; and deliver to the Contractor’s Representative, a Subsubcontractor Deed of Covenant or Consultant Deed of Covenant, duly completed with all relevant particulars: as a condition precedent to seeking the prior written approval of the Contractor’s Representative under paragraph (a); or when such approval is not required, within the time required by the Contractor’s Representative and in any event before commencement of work by the relevant subsubcontractor. No Subsubcontractor Deed of Covenant or Consultant Deed of Covenant will be construed in any way to modify or limit any of the rights, powers or remedies of the Contractor against the Subcontractor under the Subcontract or otherwise at law or in equity. Collateral Warranties The Subcontractor must, as a condition precedent to Completion of the Subcontract Works or a Stage specified in the Subcontract Particulars, procure and provide the Contractor with the warranties specified in the Subcontract Particulars: from the relevant subsubcontractor undertaking or supplying the work or item the subject of the warranty; in the form of the Collateral Warranty; and for the minimum warranty periods stated in the Subcontract Particulars. No Collateral Warranty will be construed in any way to modify or limit any of the rights, powers or remedies of the Commonwealth or the Contractor (as the case may be) against the Contractor, the Subcontractor or the subsubcontractors (as the case may be) under the Subcontract or otherwise at law or in equity. If the Subcontractor is unable to or fails for any reason to provide any Collateral Warranty required by the Subcontract: the Subcontractor is deemed to have provided the Collateral Warranty itself on like terms; the Commonwealth or the Contractor (as the case may be) will be entitled to elect to take an assignment of all the right, title and interest in the Subcontractor’s rights against the subsubcontractor in relation to the Subcontractor’s Activities; and for the purpose of subparagraph (ii), the Subcontractor irrevocably appoints the Commonwealth or the Contractor (as the case may be) as its lawful attorney to execute any instrument necessary to give effect to the assignment. No assignment under clause 8.6 will be construed in any way to modify or limit any of the rights, powers or remedies of the Commonwealth or the Contractor against the Subcontractor or the subsubcontractor under the Subcontract or otherwise at law or in equity. Provisional Sum Work For each item of Provisional Sum Work, the Contractor’s Representative will give the Subcontractor an instruction either deleting the item of Provisional Sum Work from the Subcontract or requiring the Subcontractor to proceed with the item of Provisional Sum Work. If an item of Provisional Sum Work is deleted from the Subcontract: the Subcontract Price will be reduced by the amount allowed for the item of Provisional Sum Work specified in the Subcontract Particulars; the Contractor may engage an Other Contractor to carry out the item of Provisional Sum Work; and to the extent permitted by law, the Subcontractor will not be entitled to make (nor will the Contractor be liable upon) any Claim arising out of or in connection with the deletion of the item of Provisional Sum Workabove.

Description of Subcontract Works. Subject to clause 6.11, the Subcontractor must construct the Subcontract Works in accordance with: the Subcontract Works Description and any Design Documentation issued by the Contractor’s Representative under clause 8.8 (if Option 1 of that clause applies); if the Subcontract requires the Subcontractor to design any part of the Subcontract Works, any Design Documentation prepared by the Subcontractor in accordance with the requirements of the Subcontract, and which the Subcontractor is entitled to use for construction purposes under clause 6.3; any direction of the Contractor’s Representative given or purported to be given under a provision of the Subcontract, including any Variation directed by the Contractor’s Representative by a document titled “Variation Order”; and the other requirements of the Subcontract. All Work Included The Subcontractor has allowed for the provision of all Plant, Equipment and Work, materials and other work necessary for the Subcontractor’s Activities, whether or not expressly mentioned in the Subcontract Works Description or any Design Documentation. Any such Plant, Equipment and Work, materials and other work: must be undertaken and provided by the Subcontractor; and forms part of the Subcontractor’s Activities and will not entitle the Subcontractor to make a Claim except as otherwise provided for in the Subcontract. Statutory Requirements The Subcontract Particulars specify the Approvals which exist at the Award Date or which the Commonwealth or the Contractor will obtain after the Award Date. In carrying out the Subcontractor’s Activities, the Subcontractor must: unless otherwise specified in the Subcontract Particulars, comply with all applicable Statutory Requirements; without limiting subparagraph paragraph (ia): apply for and obtain all Approvals other than those specified in the Subcontract Particulars; and give all notices and pay all fees and other amounts which it is required to pay in respect of the carrying out of its Subcontract obligations; and promptly give the Contractor’s Representative copies of all documents (including Approvals and other notices) that any authority, body or organisation having jurisdiction over the Site, the Subcontractor’s Activities or the Subcontract Works issues to the Subcontractor. Change in Statutory Requirements or Variance with Subcontract If: there is any change in a Statutory Requirement after the Award Date; or a Statutory Requirement is at variance with the Subcontract, then if it is discovered by: the Subcontractor, then party discovering the Subcontractor change or variance must promptly give the Contractor’s Representative and the other party notice in writing. After receipt of a notice from the Subcontractor, the The Contractor’s Representative must must, within 14 days of receipt of the a notice under paragraph (a), instruct the Subcontractor as to the course it must adopt insofar as the Subcontractor’s Activities are affected by the change or variance; or the Contractor, then the Contractor’s Representative must promptly give the Subcontractor notice in writing together with an instruction as to the course it must adopt insofar as the Subcontractor's Activities are affected by the change or variance. Subject to paragraph (cd), the Subcontractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Subcontract Price increased by the extra costs reasonably incurred by the Subcontractor after the giving of the notice under paragraph (a) which arise directly from the change or variance and the Contractor’s Representative’s instruction under paragraph (a)(iii) or (ivb), as determined by the Contractor’s Representative. The Subcontract Price will be decreased by any saving savings made by the Subcontractor which arise directly from the change or variance and the Contractor’s Representative’s instruction under paragraph (a)(iii) or (ivb), as determined by the Contractor’s Representative. To the extent permitted by law, the Subcontractor will not be entitled to make (nor will the Contractor be liable upon) any Claim arising out of or in connection with the change or variance or the Contractor’s Representative’s instruction under paragraph (aclause 8.4(b), other than under paragraphs (b)(ii) and (ii). Subcontracting The Subcontractor: must not without the prior written approval of the Contractor’s Representative, subcontract any work specified in the Subcontract Particulars except to a subsubcontractor specified in the Subcontract Particulars; will: not be relieved of any of its liabilities or obligations under the Subcontract, including those under clause 2.2; and remain responsible for all subsubcontractors and for all work which is or may be subsubcontracted, as if it was itself executing the work, whether or not any subsubcontractors default or otherwise fail to observe any of the requirements of the relevant subsubcontract; will be vicariously liable to the Contractor for all acts, omissions and defaults of its subsubcontractors (and those of the employees and agents of its subsubcontractors) relating to, or in any way connected with, the Subcontractor’s Activities; must ensure that each subsubcontract contains provisions: which bind the subsubcontractor to participate in any novation required by the Contractor under clause 14.5(a)(ii14.(ii); and as otherwise required by the Subcontract; and must, if requested by the Contractor’s Representative: execute; procure the relevant subsubcontractor to execute; and deliver to the Contractor’s Representative, a Subsubcontractor Deed of Covenant or Consultant Deed of Covenant, duly completed with all relevant particulars: as a condition precedent to seeking the prior written approval of the Contractor’s Representative under paragraph (a); or when such approval is not required, within the time required by the Contractor’s Representative and in any event before commencement of work by the relevant subsubcontractor. No Subsubcontractor Deed of Covenant or Consultant Deed of Covenant will be construed in any way to modify or limit any of the rights, powers or remedies of the Contractor against the Subcontractor under the Subcontract or otherwise at law or in equity. Collateral Warranties The Subcontractor must, as a condition precedent to Completion of the Subcontract Works or a Stage specified in the Subcontract Particulars, procure and provide the Contractor with the warranties specified in the Subcontract Particulars: from the relevant subsubcontractor undertaking or supplying the work or item the subject of the warranty; and in the form of the Collateral Warranty; and for the minimum warranty periods stated in the Subcontract Particulars. No Collateral Warranty will be construed in any way to modify or limit any of the rights, powers or remedies of the Commonwealth or the Contractor (as the case may be) against the Contractor, the Subcontractor or the subsubcontractors (as the case may be) under the Subcontract or otherwise at law or in equity. If the Subcontractor is unable to or fails for any reason to provide any Collateral Warranty required by the Subcontract: the Subcontractor is deemed to have provided the Collateral Warranty itself on like terms; the Commonwealth or the Contractor (as the case may be) will be entitled to elect to take an assignment of all the right, title and interest in the Subcontractor’s rights against the subsubcontractor in relation to the Subcontractor’s Activities; and for the purpose of subparagraph paragraph (iid), the Subcontractor irrevocably appoints the Commonwealth or the Contractor (as the case may be) as its lawful attorney to execute any instrument necessary to give effect to the assignment. No assignment under clause 8.6 will be construed in any way to modify or limit any of the rights, powers or remedies of the Commonwealth or the Contractor against the Subcontractor or the subsubcontractor under the Subcontract or otherwise at law or in equity. Provisional Sum Work For each item of Provisional Sum Work, the Contractor’s Representative will give the Subcontractor an instruction either deleting the item of Provisional Sum Work from the Subcontract or requiring the Subcontractor to proceed with the item of Provisional Sum Work. If an item of Provisional Sum Work is deleted from the Subcontract: the Subcontract Price will be reduced by the amount allowed for the item of Provisional Sum Work specified in the Subcontract Particulars; the Contractor may engage an Other Contractor to carry out the item of Provisional Sum Work; and to the extent permitted by law, the Subcontractor will not be entitled to make (nor will the Contractor be liable upon) any Claim arising out of or in connection with the deletion of the item of Provisional Sum Work.

Description of Subcontract Works. Subject to clause 6.11, the The Subcontractor must construct the Subcontract Works in accordance with: the Subcontract Works Description and any Design Documentation issued by the Contractor’s Representative under clause 8.8 (if Option 1 of that clause applies)Documents; if the Subcontract requires the Subcontractor to design any part of the Subcontract Works, any Design Documentation the design prepared by the Subcontractor in accordance with the requirements of the Subcontract, and which the Subcontractor is entitled Contractor's Representative has given permission to use for construction purposes under clause 6.35.2; any direction of the Contractor’s Representative given or purported to be given under a provision of the Subcontract's Representative, including any a Variation directed by the Contractor’s 's Representative by a document titled “"Variation Order”"; and the other requirements of the Subcontract. All Work Included The Subcontractor has allowed for must, without adjustment of the provision of Subcontract Price, provide all Plant, Equipment and Work, work or materials and other work necessary for the Subcontractor’s Activities's Activities and which a prudent, competent and experienced contractor should have realised would have been required whether or not expressly mentioned in the Subcontract Works Description Design Documents or any Design Documentation. Any such Plant, Equipment and Work, materials and other work: must be undertaken and provided the design prepared by the Subcontractor; and forms part Subcontractor which the Contractor's Representative has given permission to use under clause 5.2. Resolution of Ambiguities If there is any ambiguity, discrepancy or inconsistency in the Subcontractor’s Activities and documents which make up the Subcontract, the order of precedence specified in the Subcontract Particulars will not entitle apply. If any ambiguity, discrepancy or inconsistency in any documents which make up the Subcontract is discovered by the Subcontractor or the Contractor, then the party discovering it must give the Contractor's Representative and the other party notice in writing. The Contractor's Representative must direct the Subcontractor as to make the course it must adopt within 14 days of receipt of a Claim except as otherwise provided for in notice from a party. If the SubcontractSubcontractor believes the direction constitutes a Variation it must give notice to the Contractor's Representative under clause 10.4 before it complies with the direction. Statutory Requirements The Subcontract Particulars specify the Approvals which exist at the Award Date or which the Commonwealth or the Contractor will obtain after the Award Date. In carrying out the Subcontractor’s Activities, the Subcontractor must: unless otherwise specified in the Subcontract ParticularsSubcontract, perform the Subcontractor's Activities so they comply with all applicable the MFPE, the National Construction Code and Statutory Requirements; without limiting subparagraph (i): apply for and obtain all Approvals other than those specified in the Subcontract Particulars; and Approvals, give all notices and pay all fees and other amounts which it is required necessary to pay in respect of the carrying out of perform its Subcontract obligations; and promptly give the Contractor’s 's Representative copies of all documents (including Approvals and other notices) that any authority, body or organisation having jurisdiction over the Site, the Subcontractor’s 's Activities or the Subcontract Works issues to the Subcontractor. Change in Statutory Requirements or Variance If the requirements with Subcontract If: there is any which the Subcontractor must comply under clause 7.3 change in a Statutory Requirement after the Award Date; or a Statutory Requirement is at variance with the Subcontract, then if it is discovered byDate then: the Subcontractor, then party discovering the Subcontractor change must promptly give the Contractor’s 's Representative and the other party notice in writing. After receipt of a notice from the Subcontractor, ; the Contractor’s 's Representative must must, within 14 days of receipt of the a notice under paragraph (d), instruct the Subcontractor as to the course it must adopt insofar as the Subcontractor’s Activities are affected by the change or variance; or the Contractor, then the Contractor’s Representative must promptly give the Subcontractor notice in writing together with an instruction as to the course it must adopt insofar as the Subcontractor's Activities are affected by the change or variance. Subject change; subject to paragraph (cg), the Subcontractor will be entitled to: claim an extension of time to any relevant the Date for Completion where under clause 9.4 if it is otherwise so entitled under clause 10.7delayed in achieving Completion by the Date for Completion; and have the Subcontract Price increased by the extra costs reasonably incurred by the Subcontractor after the giving of the notice under paragraph (ad) which arise directly from the change or variance and the Contractor’s 's Representative’s instruction under paragraph (a)(iii) or (ive), as determined valued by the Contractor’s Representative. The 's Representative as a Variation; and the Subcontract Price will be decreased by any saving made by the Subcontractor which arise directly from the change or variance and the Contractor’s 's Representative’s instruction under paragraph (a)(iii) or (ive), as determined valued by the Contractor’s Representative's Representative as a Variation. To the extent permitted by law, the Subcontractor will not be entitled to make (nor will the Contractor be liable upon) any Claim arising out of or in connection with the change or variance or the Contractor’s Representative’s instruction under paragraph claim (a), other than under paragraphs (b)(i) and (ii). Subcontracting The Subcontractor: must not without the prior written approval of the Contractor’s Representative, subcontract any work specified in the Subcontract Particulars except to a subsubcontractor specified in the Subcontract Particulars; will: not be relieved of any of its liabilities or obligations under the Subcontract, including those under clause 2.2; and remain responsible for all subsubcontractors and for all work which is or may be subsubcontracted, as if it was itself executing the work, whether or not any subsubcontractors default or otherwise fail to observe any of the requirements of the relevant subsubcontract; will be vicariously liable to the Contractor for all acts, omissions and defaults of its subsubcontractors (and those of the employees and agents of its subsubcontractors) relating to, or in any way connected with, the Subcontractor’s Activities; must ensure that each subsubcontract contains provisions: which bind the subsubcontractor to participate in any novation required by the Contractor under clause 14.5(a)(ii); and as otherwise required by the Subcontract; and must, if requested by the Contractor’s Representative: execute; procure the relevant subsubcontractor to execute; and deliver to the Contractor’s Representative, a Subsubcontractor Deed of Covenant or Consultant Deed of Covenant, duly completed with all relevant particulars: as a condition precedent to seeking the prior written approval of the Contractor’s Representative under paragraph (a); or when such approval is not required, within the time required by the Contractor’s Representative and in any event before commencement of work by the relevant subsubcontractor. No Subsubcontractor Deed of Covenant or Consultant Deed of Covenant will be construed in any way to modify or limit any of the rights, powers or remedies of the Contractor against the Subcontractor under the Subcontract or otherwise at law or in equity. Collateral Warranties The Subcontractor must, as a condition precedent to Completion of the Subcontract Works or a Stage specified in the Subcontract Particulars, procure and provide the Contractor with the warranties specified in the Subcontract Particulars: from the relevant subsubcontractor undertaking or supplying the work or item the subject of the warranty; in the form of the Collateral Warranty; and for the minimum warranty periods stated in the Subcontract Particulars. No Collateral Warranty will be construed in any way to modify or limit any of the rights, powers or remedies of the Commonwealth or the Contractor (as the case may be) against the Contractor, the Subcontractor or the subsubcontractors (as the case may be) under the Subcontract or otherwise at law or in equity. If the Subcontractor is unable to or fails for any reason to provide any Collateral Warranty required by the Subcontract: the Subcontractor is deemed to have provided the Collateral Warranty itself on like terms; the Commonwealth or the Contractor (as the case may be) will be entitled to elect to take an assignment of all the right, title and interest in the Subcontractor’s rights against the subsubcontractor in relation to the Subcontractor’s Activities; and for the purpose of subparagraph (ii), the Subcontractor irrevocably appoints the Commonwealth or the Contractor (as the case may be) as its lawful attorney to execute any instrument necessary to give effect to the assignment. No assignment under clause 8.6 will be construed in any way to modify or limit any of the rights, powers or remedies of the Commonwealth or the Contractor against the Subcontractor or the subsubcontractor under the Subcontract or otherwise at law or in equity. Provisional Sum Work For each item of Provisional Sum Work, the Contractor’s Representative will give the Subcontractor an instruction either deleting the item of Provisional Sum Work from the Subcontract or requiring the Subcontractor to proceed with the item of Provisional Sum Work. If an item of Provisional Sum Work is deleted from the Subcontract: the Subcontract Price will be reduced by the amount allowed for the item of Provisional Sum Work specified in the Subcontract Particulars; the Contractor may engage an Other Contractor to carry out the item of Provisional Sum Work; and to the extent permitted by law, the Subcontractor will not be entitled to make (nor will the Contractor be liable upon) any Claim arising out of or in connection with the deletion of change the item of Provisional Sum WorkContractor's Representative’s instruction under paragraph (e), other than under paragraphs (f)(f)(i) and (ii). Such entitlements will be subject to the Subcontractor complying with clauses 9.4, 10.4 and 12 (as applicable).

Description of Subcontract Works. Subject to clause 6.11, the Subcontractor must construct the Subcontract Works in accordance with: the Subcontract Works Description and any Design Documentation issued by the Contractor’s Representative under clause 8.8 (if Option 1 of that clause applies); if the Subcontract requires the Subcontractor to design any part of the Subcontract Works, any Design Documentation prepared by the Subcontractor in accordance with the requirements of the Subcontract, and which the Subcontractor is entitled to use for construction purposes under clause 6.3; any direction of the Contractor’s Representative given or purported to be given under a provision of the Subcontract, including any Variation directed by the Contractor’s Representative by a document titled “Variation Order”; and the other requirements of the Subcontract. All Work Included The Subcontractor has allowed for the provision of all Plant, Equipment and Work, materials and other work necessary for the Subcontractor’s Activities, whether or not expressly mentioned in the Subcontract Works Description or any Design Documentation. Any such Plant, Equipment and Work, materials and other work: must be undertaken and provided by the Subcontractor; and forms part of the Subcontractor’s Activities and will not entitle the Subcontractor to make a Claim except as otherwise provided for in the Subcontract. Statutory Requirements The Subcontract Particulars specify the Approvals which exist at the Award Date or which the Commonwealth or the Contractor will obtain after the Award Date. In carrying out the Subcontractor’s Activities, the Subcontractor must: unless otherwise specified in the Subcontract Particulars, comply with all applicable Statutory Requirements; without limiting subparagraph paragraph (ia): apply for and obtain all Approvals other than those specified in the Subcontract Particulars; and give all notices and pay all fees and other amounts which it is required to pay in respect of the carrying out of its Subcontract obligations; and promptly give the Contractor’s Representative copies of all documents (including Approvals and other notices) that any authority, body or organisation having jurisdiction over the Site, the Subcontractor’s Activities or the Subcontract Works issues to the Subcontractor. Change in Statutory Requirements or Variance with Subcontract If: there is any change in a Statutory Requirement after the Award Date; or a Statutory Requirement is at variance with the Subcontract, then if it is discovered by: the Subcontractor, then party discovering the Subcontractor change or variance must promptly give the Contractor’s Representative and the other party notice in writing. After receipt of a notice from the Subcontractor, the The Contractor’s Representative must must, within 14 days of receipt of the a notice under paragraph (a), instruct the Subcontractor as to the course it must adopt insofar as the Subcontractor’s Activities are affected by the change or variance; or the Contractor, then the Contractor’s Representative must promptly give the Subcontractor notice in writing together with an instruction as to the course it must adopt insofar as the Subcontractor's Activities are affected by the change or variance. Subject to paragraph (cd), the Subcontractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Subcontract Price increased by the extra costs reasonably incurred by the Subcontractor after the giving of the notice under paragraph (a) which arise directly from the change or variance and the Contractor’s Representative’s instruction under paragraph (a)(iii) or (ivb), as determined by the Contractor’s Representative. The Subcontract Price will be decreased by any saving savings made by the Subcontractor which arise directly from the change or variance and the Contractor’s Representative’s instruction under paragraph (a)(iii) or (ivb), as determined by the Contractor’s Representative. To the extent permitted by law, the Subcontractor will not be entitled to make (nor will the Contractor be liable upon) any Claim arising out of or in connection with the change or variance or the Contractor’s Representative’s instruction under paragraph (aclause 8.4(b), other than under paragraphs (b)(ic)(i) and (ii). Subcontracting The Subcontractor: must not without the prior written approval of the Contractor’s Representative, subcontract any work specified in the Subcontract Particulars except to a subsubcontractor specified in the Subcontract Particulars; will: not be relieved of any of its liabilities or obligations under the Subcontract, including those under clause 2.2; and remain responsible for all subsubcontractors and for all work which is or may be subsubcontracted, as if it was itself executing the work, whether or not any subsubcontractors default or otherwise fail to observe any of the requirements of the relevant subsubcontract; will be vicariously liable to the Contractor for all acts, omissions and defaults of its subsubcontractors (and those of the employees and agents of its subsubcontractors) relating to, or in any way connected with, the Subcontractor’s Activities; must ensure that each subsubcontract contains provisions: which bind the subsubcontractor to participate in any novation required by the Contractor under clause 14.5(a)(ii); and as otherwise required by the Subcontract; and must, if requested by the Contractor’s Representative: execute; procure the relevant subsubcontractor to execute; and deliver to the Contractor’s Representative, a Subsubcontractor Deed of Covenant or Consultant Deed of Covenant, duly completed with all relevant particulars: as a condition precedent to seeking the prior written approval of the Contractor’s Representative under paragraph (a); or when such approval is not required, within the time required by the Contractor’s Representative and in any event before commencement of work by the relevant subsubcontractor. No Subsubcontractor Deed of Covenant or Consultant Deed of Covenant will be construed in any way to modify or limit any of the rights, powers or remedies of the Contractor against the Subcontractor under the Subcontract or otherwise at law or in equity. Collateral Warranties The Subcontractor must, as a condition precedent to Completion of the Subcontract Works or a Stage specified in the Subcontract Particulars, procure and provide the Contractor with the warranties specified in the Subcontract Particulars: from the relevant subsubcontractor undertaking or supplying the work or item the subject of the warranty; and in the form of the Collateral Warranty; and for the minimum warranty periods stated in the Subcontract Particulars. No Collateral Warranty will be construed in any way to modify or limit any of the rights, powers or remedies of the Commonwealth or the Contractor (as the case may be) against the Contractor, the Subcontractor or the subsubcontractors (as the case may be) under the Subcontract or otherwise at law or in equity. If the Subcontractor is unable to or fails for any reason to provide any Collateral Warranty required by the Subcontract: the Subcontractor is deemed to have provided the Collateral Warranty itself on like terms; the Commonwealth or the Contractor (as the case may be) will be entitled to elect to take an assignment of all the right, title and interest in the Subcontractor’s rights against the subsubcontractor in relation to the Subcontractor’s Activities; and for the purpose of subparagraph paragraph (iid), the Subcontractor irrevocably appoints the Commonwealth or the Contractor (as the case may be) as its lawful attorney to execute any instrument necessary to give effect to the assignment. No assignment under clause 8.6 will be construed in any way to modify or limit any of the rights, powers or remedies of the Commonwealth or the Contractor against the Subcontractor or the subsubcontractor under the Subcontract or otherwise at law or in equity. Provisional Sum Work For each item of Provisional Sum Work, the Contractor’s Representative will give the Subcontractor an instruction either deleting the item of Provisional Sum Work from the Subcontract or requiring the Subcontractor to proceed with the item of Provisional Sum Work. If an item of Provisional Sum Work is deleted from the Subcontract: the Subcontract Price will be reduced by the amount allowed for the item of Provisional Sum Work specified in the Subcontract Particulars; the Contractor may engage an Other Contractor to carry out the item of Provisional Sum Work; and to the extent permitted by law, the Subcontractor will not be entitled to make (nor will the Contractor be liable upon) any Claim arising out of or in connection with the deletion of the item of Provisional Sum Work.