案例 / 商务与合同
商务与合同

在AS 4000或AS 2124上搭建合同

选择通用条件并记录填写它们的Annexure,确定security及其减少方式,指名Superintendent及其可以裁定的事项,填入liquidated damages所依赖的日期,按Annexure分配风险的方式分配风险,并签署所有人都将据以工作的文件。

6 个步骤16 分钟总承包商开发商/业主项目/施工管理公司造价咨询 / 工料测量顾问

运作方式,逐步说明

贯穿平台的 6 个步骤 - 每一步做什么,以及为什么重要。

1

Record which form it is and what the Annexure says

合同

Create the contract record naming the form, AS 4000-1997 or AS 2124-1992, the contract sum and whether it is lump sum or schedule of rates, and enter the Annexure values that the rest of the job runs on. Record the principal's amendments as amendments rather than folding them into the printed clause, so anyone reading later can see what was changed from the standard.

原因: The commonest cause of an argument on an Australian Standard contract is two people reading two different documents, one the printed form and one the amended version. A contract record that names the form, carries the Annexure and lists the departures is what makes a clause reference a fact rather than an opinion.

输入Award decisionPrincipal's amendments成果General conditions chosenAnnexure recorded
2

Settle the security and the day it reduces

合同

Record what security the contract takes, cash retention held from each progress payment or unconditional undertakings from a bank, the percentage and the limit, and the two events that release it: the reduction at practical completion and the release at the end of the defects liability period. Note who holds the guarantees and where.

原因: Security is the cheapest money on the job to lose track of, because nobody chases it until long after the site has closed and the people who knew the arrangement have moved on. A reduction that should have happened at practical completion and did not is working capital sitting in somebody else's account for a year.

输入Annexure recordedBank guarantees offered成果Security terms on recordWhen each half is released
3

Name the Superintendent and map what they may decide

审批路线

Name the Superintendent and the Superintendent's Representative, and build the approval route that says which decisions they make alone, which need the principal, and what value threshold moves a direction from one to the other. Certificates, directions to vary and extensions of time all sit on that map.

原因: Both forms require the Superintendent to act honestly and, for the functions where they are certifying rather than acting as the principal's agent, reasonably and independently. A route that records who decided what and on what authority protects the certifier as much as the contractor, because a direction given by someone without the authority to give it is an argument waiting for the final account.

输入General conditions chosenDelegations from the principal成果Superintendent namedWhat each decision needs
4

Load the dates the damages hang on

截止日期

Put the date for practical completion, the separable portions if the contract has them, the liquidated damages rate and any limit on it, and the length of the defects liability period under watch, together with the time the Annexure allows for a claim to be made. Let each one warn before it lands.

原因: Liquidated damages run per day from a date, and the defects liability period ends on a date, and both are worked out from Annexure entries that nobody rereads once the job starts. A claim window that closed while the site was busy is an entitlement gone, and no notice is served on you when it happens.

输入Annexure recordedConstruction programme成果Contract dates under watchLiquidated damages rate on record
5

Write down who carries what

风险台账

Take the allocations out of the conditions and the Annexure and put them on the risk register in words a site manager can act on: latent conditions and what counts as one, who effects the works insurance and the public liability cover and for how much, the excepted risks, and where the contract has been amended to move a risk from the standard position.

原因: Latent conditions are the clause most often amended away in Australian practice, and a contractor who assumed the standard position and priced accordingly finds out the day the excavator hits rock. A risk that lives only in clause 25 of a document in a drawer is a risk nobody manages.

输入Annexure recordedSite information provided成果Risks allocated on the registerInsurances and who effects them
6

Execute it and make it the version everyone reads

电子签名

Send the complete set for execution, conditions, Annexure, amendments, drawings and specification listed as contract documents in the order of precedence the contract sets, and keep the executed version as the one the site, the estimator and the accounts all work from.

原因: Work starting before execution is normal in Australia and it is also how a job runs for six months on a draft nobody signed. The order of precedence matters as much as the signature, because it decides which document wins when the drawing and the specification disagree, and they always disagree eventually.

输入Final contract documentsAuthorised signatories成果Executed contractOne version everyone reads
模块

此方案使用的模块

190 个平台模块中的 5

The market this case is written for

澳大利亚

Everything in this case follows how construction work is measured, priced and paid for in this market. The forms, the cost breakdown and the payment rules are the ones used there, not a generic version of them.

Standards it follows

  • AS 4000
  • Security of Payment Act

You do not have to set any of that up by hand. The first time you open the platform it asks which market you work in. Choose this one and it sets the interface language, loads the matching cost database and records the cost classification, and it adds an example project you can open straight away.

The rule checks for this market come with the platform too. Switch them on once and an estimate that misses something the market expects is flagged while you are still working on it, not after the tender has gone out.

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