Common use of Preliminary Design Solution Clause in Contracts

Preliminary Design Solution. Without limiting the Contractor's obligations elsewhere in the Contract, the Contractor acknowledges and agrees that: prior to the Award Date, [IT HAS/THE COMMONWEALTH’S CONSULTANTS HAVE] prepared the Preliminary Design Solution; it bears all risks howsoever they may arise as a result of the use by it of the Preliminary Design Solution; the use of the Preliminary Design Solution by the Contractor does not affect any of its warranties or other obligations under the Contract or entitle it to make any Claim against the Commonwealth, arising out of, or in any way in connection with, such use; if the Works are designed and constructed in accordance with the Preliminary Design Solution (as may be developed in accordance with the Contract), the Works will comply with the requirements of the Works Description and satisfy all other requirements of the Contract; and it must design and construct the Works in accordance with the Preliminary Design Solution (as may be developed in accordance with the Contract), except to the extent where a Variation necessitates a consequential change to the Preliminary Design Solution in which case the Contractor must notify the Contract Administrator of such change. WORK HEALTH AND SAFETY (AUSTRALIAN CAPITAL TERRITORY, NEW SOUTH WALES, NORTHERN TERRITORY, QUEENSLAND, SOUTH AUSTRALIA OR TASMANIA) - ENGAGEMENT AS PRINCIPAL CONTRACTOR [IF THE RELEVANT JURISDICTION IS ACT, NSW, NT, QLD, SA OR TAS ONLY, THE FOLLOWING "ENGAGEMENT AS PRINCIPAL CONTRACTOR…" CLAUSE SHOULD BE USED. THE CLAUSE SHOULD ALSO BE USED IF A TENDERER/CONTRACTOR IS A NON-COMMONWEALTH LICENSEE.] In accordance with Regulation 293 of the WHS Legislation, the Commonwealth engages the Contractor as the principal contractor and authorises the Contractor to have management or control of the workplace and in carrying out the Contractor's Activities for the purpose of discharging the duties imposed on a principal contractor for the project and the Contract, pursuant to the WHS Legislation. The Contractor accepts the engagement and authorisation as principal contractor and will fulfil the obligations of principal contractor for the project and the Contract, unless relieved of that engagement and authorisation by notice in writing given by the Commonwealth or the Contract Administrator. For the purposes of the Contract, the Project and the WHS Legislation, principal contractor means the role as authorised and engaged under clause 17. The Contractor must ensure that all relevant elements of its Work Health and Safety Management Plan are aligned with its Work Health and Safety Plan. OCCUPATIONAL HEALTH AND SAFETY (VICTORIA) - APPOINTMENT AND ENGAGEMENT AS PRINCIPAL CONTRACTOR [IF THE RELEVANT JURISDICTION FOR THE PROJECT IS XXXXXXXX INSERT THIS CLAUSE 18.] To the extent that the Contractor's Activities are carried out in Victoria, this clause 18 applies to the Contractor as the person who has responsibility for the management or control of the Workplace. In accordance with regulation 333 of the Occupational Health and Safety Regulations 2017 (Vic) and regulation 293 of the Work Health and Safety Regulations 2011 (Cth) the Commonwealth appoints and engages the Contractor as the Principal Contractor for the project, the Contract and the Construction Work and authorises the Contractor to have management or control of the Workplace in carrying out the Contractor's Activities for the purpose of discharging the duties imposed on a Principal Contractor. The Contractor accepts such appointment and engagement as the Principal Contractor for the project and the Contract and the Construction Work, unless relieved of that appointment and authorisation by notice in writing given by the Commonwealth or the Contract Administrator. For the purposes of this clause 18, the following definitions apply: Construction Work has the meaning given to it in regulation 321 of the Occupational Health and Safety Regulations 2017 (Vic) and in regulation 289 of the Work Health and Safety Regulations 2011 (Cth) and includes: high risk construction work as defined in regulation 322 of the Occupational Health and Safety Regulations 2017 (Vic) and regulation 291 of the Work Health and Safety Regulations 2011 (Cth); and all work that is carried out by the Contractor and all subcontractors at or in relation to the Workplace during the term of the Contract.

Preliminary Design Solution. Without limiting the Contractor's obligations elsewhere in the Contract, the Contractor acknowledges and agrees that: prior to the Award Date, [IT HAS/THE COMMONWEALTH’S CONSULTANTS HAVE] prepared the Preliminary Design Solution; it bears all risks howsoever they may arise as a result of the use by it of the Preliminary Design Solution; the use of the Preliminary Design Solution by the Contractor does not affect any of its warranties or other obligations under the Contract or entitle it to make any Claim against the Commonwealth, arising out of, or in any way in connection with, such use; if the Works are designed and constructed in accordance with the Preliminary Design Solution (as may be developed in accordance with the Contract), the Works will comply with the requirements of the Works Description and satisfy all other requirements of the Contract; and it must design and construct the Works in accordance with the Preliminary Design Solution (as may be developed in accordance with the Contract), except to the extent where a Variation necessitates a consequential change to the Preliminary Design Solution in which case the Contractor must notify the Contract Administrator of such change. WORK HEALTH AND SAFETY (AUSTRALIAN CAPITAL TERRITORY, NEW SOUTH WALES, NORTHERN TERRITORY, QUEENSLAND, SOUTH AUSTRALIA OR TASMANIA) - ENGAGEMENT AS PRINCIPAL CONTRACTOR [IF THE RELEVANT JURISDICTION IS ACT, NSW, NT, QLD, SA OR TAS ONLY, THE FOLLOWING "ENGAGEMENT AS PRINCIPAL CONTRACTOR…" CLAUSE SHOULD BE USED. THE CLAUSE SHOULD ALSO BE USED IF A TENDERER/CONTRACTOR IS A NON-COMMONWEALTH LICENSEE.] In accordance with Regulation 293 of the WHS Legislation, the Commonwealth engages the Contractor as the principal contractor and authorises the Contractor to have management or control of the workplace and in carrying out the Contractor's Activities for the purpose of discharging the duties imposed on a principal contractor for the project and the Contract, pursuant to the WHS Legislation. The Contractor accepts the engagement and authorisation as principal contractor and will fulfil the obligations of principal contractor for the project and the Contract, unless relieved of that engagement and authorisation by notice in writing given by the Commonwealth or the Contract Administrator. For the purposes of the Contract, the Project and the WHS Legislation, principal contractor means the role as authorised and engaged under clause 1722. The Contractor must ensure that all relevant elements of its Work Health and Safety Management Plan are aligned with its Work Health and Safety Plan. OCCUPATIONAL HEALTH AND SAFETY (VICTORIA) - APPOINTMENT AND ENGAGEMENT AS PRINCIPAL CONTRACTOR [IF THE RELEVANT JURISDICTION FOR THE PROJECT IS XXXXXXXX INSERT THIS CLAUSE 1823.] To the extent that the Contractor's Activities are carried out in Victoria, this clause 18 23 applies to the Contractor as the person who has responsibility for the management or control of the Workplace. In accordance with regulation 333 of the Occupational Health and Safety Regulations 2017 (Vic) and regulation 293 of the Work Health and Safety Regulations 2011 (Cth) the Commonwealth appoints and engages the Contractor as the Principal Contractor for the project, the Contract and the Construction Work and authorises the Contractor to have management or control of the Workplace in carrying out the Contractor's Activities for the purpose of discharging the duties imposed on a Principal Contractor. The Contractor accepts such appointment and engagement as the Principal Contractor for the project and the Contract and the Construction Work, unless relieved of that appointment and authorisation by notice in writing given by the Commonwealth or the Contract Administrator. For the purposes of this clause 1823, the following definitions apply: Construction Work has the meaning given to it in regulation 321 of the Occupational Health and Safety Regulations 2017 (Vic) and in regulation 289 of the Work Health and Safety Regulations 2011 (Cth) and includes: high risk construction work as defined in regulation 322 of the Occupational Health and Safety Regulations 2017 (Vic) and regulation 291 of the Work Health and Safety Regulations 2011 (Cth); and all work that is carried out by the Contractor and all subcontractors at or in relation to the Workplace during the term of the Contract.

Preliminary Design Solution. Without limiting the Contractor's obligations elsewhere in the Contract, the Contractor acknowledges and agrees that: prior to the Award Date, [IT HAS/THE COMMONWEALTH’S CONSULTANTS HAVE] prepared the Preliminary Design Solution; it bears all risks howsoever they may arise as a result of the use by it of the Preliminary Design Solution; the use of the Preliminary Design Solution by the Contractor does not affect any of its warranties or other obligations under the Contract or entitle it to make any Claim claim (whether under the Contract or otherwise at law or in equity) against the Commonwealth, arising out of, or in any way in connection with, such use; if the Works are designed and constructed in accordance with the Preliminary Design Solution (as may be developed in accordance with the Contract), the Works will comply with the requirements of the Works Description and satisfy all other requirements of the Contract; and it must design and construct the Works in accordance with the Preliminary Design Solution (as may be developed in accordance with the Contract), except to the extent where a Variation necessitates a consequential change to the Preliminary Design Solution in which case the Contractor must notify the Contract Administrator of such change. WORK HEALTH AND SAFETY (AUSTRALIAN CAPITAL TERRITORY, NEW SOUTH WALES, NORTHERN TERRITORY, QUEENSLAND, SOUTH AUSTRALIA OR TASMANIA) - ENGAGEMENT AS PRINCIPAL CONTRACTOR [IF THE RELEVANT JURISDICTION IS ACT, NSW, NT, QLD, SA OR TAS ONLY, THE FOLLOWING "ENGAGEMENT AS PRINCIPAL CONTRACTOR…" CLAUSE SHOULD BE USED. THE CLAUSE SHOULD ALSO BE USED IF A TENDERER/CONTRACTOR IS A NON-COMMONWEALTH LICENSEE.] In accordance with Regulation 293 of the WHS Legislation, the Commonwealth engages the Contractor as the principal contractor and authorises the Contractor to have management or control of the workplace and in carrying out the Contractor's Activities for the purpose of discharging the duties imposed on a principal contractor for the project and the Contract, pursuant to the WHS Legislation. The Contractor accepts the engagement and authorisation as principal contractor and will fulfil the obligations of principal contractor for the project and the Contract, unless relieved of that engagement and authorisation by notice in writing given by the Commonwealth or the Contract Administrator. For the purposes of the Contract, the Project and the WHS Legislation, principal contractor means the role as authorised and engaged under clause 17. The Contractor must ensure that all relevant elements of its Work Health and Safety Management Plan are aligned with its Work Health and Safety Plan. OCCUPATIONAL HEALTH AND SAFETY (VICTORIA) - APPOINTMENT AND ENGAGEMENT AS PRINCIPAL CONTRACTOR [IF THE RELEVANT JURISDICTION FOR THE PROJECT IS XXXXXXXX INSERT THIS CLAUSE 18.] To the extent that the Contractor's Activities are carried out in Victoria, this clause 18 applies to the Contractor as the person who has responsibility for the management or control of the Workplace. In accordance with regulation 333 of the Occupational Health and Safety Regulations 2017 (Vic) and regulation 293 of the Work Health and Safety Regulations 2011 (Cth) the Commonwealth appoints and engages the Contractor as the Principal Contractor for the project, the Contract and the Construction Work and authorises the Contractor to have management or control of the Workplace in carrying out the Contractor's Activities for the purpose of discharging the duties imposed on a Principal Contractor. The Contractor accepts such appointment and engagement as the Principal Contractor for the project and the Contract and the Construction Work, unless relieved of that appointment and authorisation by notice in writing given by the Commonwealth or the Contract Administrator. For the purposes of this clause 18, the following definitions apply: Construction Work has the meaning given to it in regulation 321 of the Occupational Health and Safety Regulations 2017 (Vic) and in regulation 289 of the Work Health and Safety Regulations 2011 (Cth) and includes: high risk construction work as defined in regulation 322 of the Occupational Health and Safety Regulations 2017 (Vic) and regulation 291 of the Work Health and Safety Regulations 2011 (Cth); and all work that is carried out by the Contractor and all subcontractors at or in relation to the Workplace during the term of the Contract.

Preliminary Design Solution. Without limiting the Contractor's obligations elsewhere in the Contract, the Contractor acknowledges and agrees that: prior to the Award Date, [IT HAS/THE COMMONWEALTH’S CONSULTANTS HAVE] prepared the Preliminary Design Solution; it bears all risks howsoever they may arise as a result of the use by it of the Preliminary Design Solution; the use of the Preliminary Design Solution by the Contractor does not affect any of its warranties or other obligations under the Contract or entitle it to make any Claim against the Commonwealth, arising out of, or in any way in connection with, such use; if the Works are designed and constructed in accordance with the Preliminary Design Solution (as may be developed in accordance with the Contract), the Works will comply with the requirements of the Works Description and satisfy all other requirements of the Contract; and it must design and construct the Works in accordance with the Preliminary Design Solution (as may be developed in accordance with the Contract), except to the extent where a Variation necessitates a consequential change to the Preliminary Design Solution in which case the Contractor must notify the Contract Administrator of such change. WORK HEALTH AND SAFETY (AUSTRALIAN CAPITAL TERRITORY, NEW SOUTH WALES, NORTHERN TERRITORY, QUEENSLAND, SOUTH AUSTRALIA AUSTRALIA, TASMANIA OR TASMANIAWESTERN AUSTRALIA) - ENGAGEMENT AS PRINCIPAL CONTRACTOR [IF THE RELEVANT JURISDICTION IS ACT, NSW, NT, QLD, SA SA, TAS OR TAS WA ONLY, THE FOLLOWING "ENGAGEMENT AS PRINCIPAL CONTRACTOR…" CLAUSE SHOULD BE USED. THE CLAUSE SHOULD ALSO BE USED IF A TENDERER/CONTRACTOR IS A NON-COMMONWEALTH LICENSEE.] In accordance with Regulation 293 of the WHS Legislation, the Commonwealth engages the Contractor as the principal contractor and authorises the Contractor to have management or control of the workplace and in carrying out the Contractor's Activities for the purpose of discharging the duties imposed on a principal contractor for the project and the Contract, pursuant to the WHS Legislation. The Contractor accepts the engagement and authorisation as principal contractor and will fulfil the obligations of principal contractor for the project and the Contract, unless relieved of that engagement and authorisation by notice in writing given by the Commonwealth or the Contract Administrator. For the purposes of the Contract, the Project project and the WHS Legislation, principal contractor means the role as authorised and engaged under this clause 17. The Contractor must ensure that all relevant elements of its Work Health and Safety Management Plan are aligned with its Work Health and Safety Plan. OCCUPATIONAL HEALTH AND SAFETY (VICTORIA) - APPOINTMENT AND ENGAGEMENT AS PRINCIPAL CONTRACTOR [IF THE RELEVANT JURISDICTION FOR THE PROJECT IS XXXXXXXX INSERT THIS CLAUSE 18.] To the extent that the Contractor's Activities are carried out in Victoria, this clause 18 applies to the Contractor as the person who has responsibility for the management or control of the Workplace. In accordance with regulation 333 of the Occupational Health and Safety Regulations 2017 (Vic) and regulation 293 of the Work Health and Safety Regulations 2011 (Cth) the Commonwealth appoints and engages the Contractor as the Principal Contractor for the project, the Contract and the Construction Work and authorises the Contractor to have management or control of the Workplace in carrying out the Contractor's Activities for the purpose of discharging the duties imposed on a Principal Contractor. The Contractor accepts such appointment and engagement as the Principal Contractor for the project and the Contract and the Construction Work, unless relieved of that appointment and authorisation by notice in writing given by the Commonwealth or the Contract Administrator. For the purposes of this clause 18, the following definitions apply: Construction Work has the meaning given to it in regulation 321 of the Occupational Health and Safety Regulations 2017 (Vic) and in regulation 289 of the Work Health and Safety Regulations 2011 (Cth) and includes: high risk construction work as defined in regulation 322 of the Occupational Health and Safety Regulations 2017 (Vic) and regulation 291 of the Work Health and Safety Regulations 2011 (Cth); and all work that is carried out by the Contractor and all subcontractors at or in relation to the Workplace during the term of the Contract.

Preliminary Design Solution. Without limiting the Contractor's obligations elsewhere in the Contract, the Contractor acknowledges and agrees that: prior to the Award Date, [IT HAS/THE COMMONWEALTH’S CONSULTANTS HAVE] prepared the Preliminary Design Solution; it bears all risks howsoever they may arise as a result of the use by it of the Preliminary Design Solution; the use of the Preliminary Design Solution by the Contractor does not affect any of its warranties or other obligations under the Contract or entitle it to make any Claim claim (whether under the Contract or otherwise at law or in equity) against the Commonwealth, arising out of, or in any way in connection with, such use; if the Works are designed and constructed in accordance with the Preliminary Design Solution (as may be developed in accordance with the Contract), the Works will comply with the requirements of the Works Description and satisfy all other requirements of the Contract; and it must design and construct the Works in accordance with the Preliminary Design Solution (as may be developed in accordance with the Contract), except to the extent where a Variation necessitates a consequential change to the Preliminary Design Solution in which case the Contractor must notify the Contract Administrator of such change. WORK HEALTH AND SAFETY (AUSTRALIAN CAPITAL TERRITORY, NEW SOUTH WALES, NORTHERN TERRITORY, QUEENSLAND, SOUTH AUSTRALIA AUSTRALIA, TASMANIA OR TASMANIAWESTERN AUSTRALIA) - ENGAGEMENT AS PRINCIPAL CONTRACTOR [IF THE RELEVANT JURISDICTION IS ACT, NSW, NT, QLD, SA SA, TAS OR TAS WA ONLY, THE FOLLOWING "ENGAGEMENT AS PRINCIPAL CONTRACTOR…" CLAUSE SHOULD BE USED. THE CLAUSE SHOULD ALSO BE USED IF A TENDERER/CONTRACTOR IS A NON-COMMONWEALTH LICENSEE.] In accordance with Regulation 293 of the WHS Legislation, the Commonwealth engages the Contractor as the principal contractor and authorises the Contractor to have management or control of the workplace and in carrying out the Contractor's Activities for the purpose of discharging the duties imposed on a principal contractor for the project and the Contract, pursuant to the WHS Legislation. The Contractor accepts the engagement and authorisation as principal contractor and will fulfil the obligations of principal contractor for the project and the Contract, unless relieved of that engagement and authorisation by notice in writing given by the Commonwealth or the Contract Administrator. For the purposes of the Contract, the Project project and the WHS Legislation, principal contractor means the role as authorised and engaged under this clause 17. The Contractor must ensure that all relevant elements of its Work Health and Safety Management Plan are aligned with its Work Health and Safety Plan16. OCCUPATIONAL HEALTH AND SAFETY (VICTORIA) - APPOINTMENT AND ENGAGEMENT AS PRINCIPAL CONTRACTOR [IF THE RELEVANT JURISDICTION FOR THE PROJECT IS XXXXXXXX INSERT THIS CLAUSE 18.17] To the extent that the Contractor's Activities are carried out in Victoria, this clause 18 17 applies to the Contractor as the person who has responsibility for the management or control of the Workplace. In accordance with regulation 333 of the Occupational Health and Safety Regulations 2017 (Vic) and regulation 293 of the Work Health and Safety Regulations 2011 (Cth) the Commonwealth appoints and engages the Contractor as the Principal Contractor for the project, the Contract and the Construction Work and authorises the Contractor to have management or control of the Workplace in carrying out the Contractor's Activities for the purpose of discharging the duties imposed on a Principal Contractor. The Contractor accepts such appointment and engagement as the Principal Contractor for the project and the Contract and the Construction Work, unless relieved of that appointment and authorisation by notice in writing given by the Commonwealth or the Contract Administrator. For the purposes of this clause 1817, the following definitions apply: Construction Work has the meaning given to it in regulation 321 of the Occupational Health and Safety Regulations 2017 (Vic) and in regulation 289 of the Work Health and Safety Regulations 2011 (Cth) and includes: high risk construction work as defined in regulation 322 of the Occupational Health and Safety Regulations 2017 (Vic) and regulation 291 of the Work Health and Safety Regulations 2011 (Cth); and all work that is carried out by the Contractor and all subcontractors at or in relation to the Workplace during the term of the Contract.