Common use of Design Certification Clause in Contracts

Design Certification. Without limiting the Contractor's obligations and liability to the Commonwealth under the Managing Contractor Contract and the Subcontractor's obligations under the Subcontract or otherwise at law or in equity, if the Subcontract requires the Subcontractor to design any part of the Subcontract Works, the Subcontractor must, with each submission of its design under clause 5.1, payment claim under clause 11.2 and as a condition precedent to Completion of the Subcontract Works or a Stage, provide the Contractor's Representative with: a certificate in the form of the Subcontractor Design Certificate which certifies that (to the extent then applicable): the design carried out by it complies with: subject to clause 7.3(a)(i), all Statutory Requirements (including the WHS Legislation); and the requirements of the Subcontract; the Subcontract Works comply or the Stage complies with the design which has been the subject of the Contractor's Representative's permission under clause 5.2; and a corresponding certificate from each subsubcontractor that performs design work forming part of the Subcontractor’s Activities in the form of the Consultant Design Certificate or Subsubcontractor Design Certificate which certifies that (to the extent then applicable): all design carried out by that subsubcontractor complies with: subject to the subsubcontract, all Statutory Requirements (including the WHS Legislation); and the requirements of the subsubcontract; and the Subcontract Works comply or the Stage complies with the design carried out by that subsubcontractor, except to the extent set out in such certificates.

Appears in 3 contracts

Samples: Medium Works Subcontract, Medium Works Subcontract, Medium Works Subcontract

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Design Certification. Without limiting the Contractor's obligations and liability to the Commonwealth under the Managing Contractor Contract and the Subcontractor's obligations under the Subcontract or otherwise at law or in equityobligations, if where the Subcontract requires the Subcontractor to design any part of the Subcontract Works, the Subcontractor must, with each submission of its design under clause 5.1, payment claim under clause 11.2 and as a condition precedent to Completion of the Subcontract Works or a StageSection (as the case may be), provide the Contractor's Representative with: a certificate in the form of the Subcontractor Design Certificate which certifies that (to the extent then applicable): the design carried out by it complies with: subject to clause 7.3(a)(i7.3(a), all Statutory Requirements (including the WHS Legislation); and the requirements of the Subcontract; and the Subcontract Works comply or the Stage Section complies (as the case may be) with the design which has been the subject of the Contractor's Representative's permission under clause 5.2; and a corresponding certificate from each subsubcontractor that performs design work forming part of the Subcontractor’s 's Activities in the form of the Consultant Design Certificate or Subsubcontractor Design Certificate (as the case may be) which certifies that (to the extent then applicable): all design carried out by that subsubcontractor complies with: subject to the subsubcontract, all Statutory Requirements (including the WHS Legislation); and the requirements of the subsubcontract; and the Subcontract Works comply or the Stage Section complies (as the case may be) with the design carried out by that subsubcontractor, except to the extent set out in such certificates.

Appears in 1 contract

Samples: Medium Works Subcontract

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Design Certification. Without limiting the Contractor's obligations and liability to the Commonwealth under the Managing Contractor Contract and the Subcontractor's obligations under the Subcontract or otherwise at law or in equityobligations, if where the Subcontract requires the Subcontractor to design any part of the Subcontract Works, the Subcontractor must, with each submission of its design under clause 5.1, payment claim under clause 11.2 12.2 and as a condition precedent to Completion of the Subcontract Works or a StageStage (as the case may be), provide the Contractor's Representative with: a certificate in the form of the Subcontractor Design Certificate which certifies that (to the extent then applicable): the design carried out by it Design Documentation complies with: subject to clause 7.3(a)(i8.3(a), all Statutory Requirements (including the WHS Legislation); and the requirements of the Subcontract; and the Subcontract Works comply or the Stage complies (as the case may be) with the design Design Documentation which has been the subject of the Contractor's Representative's permission Subcontractor is entitled to use for construction purposes under clause 5.26.3(c); and a corresponding certificate from each subsubcontractor that performs design work forming part of the Subcontractor’s 's Activities in the form of the Consultant Design Certificate or Subsubcontractor Design Certificate (as the case may be) which certifies that (to the extent then applicable): all design carried out by that subsubcontractor complies with: subject to the subsubcontract, all Statutory Requirements (including the WHS Legislation); and the requirements of the subsubcontract; and the Subcontract Works comply or the Stage complies (as the case may be) with the design carried out by that subsubcontractor, except to the extent set out in such certificates.

Appears in 1 contract

Samples: Major Works Subcontract

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