Common use of Building Code 2013 Clause in Contracts

Building Code 2013. 29.1.1. The Contractor must comply with the Building Code 2013 (Building Code). Copies of the Building Code are available at ▇▇▇.▇▇▇▇▇.▇▇▇.▇▇/▇▇▇▇▇▇▇▇▇▇▇▇. 29.1.2. Compliance with the Building Code shall not relieve the Contractor from responsibility to perform the Contract, or from liability for any defect in the Works arising from compliance with the Building Code. 29.1.3. Where a change in the Contract is proposed and that change would affect compliance with the Building Code, the Contractor must submit a report to the Commonwealth specifying the extent to which the Contractor's compliance with the Code and Guidelines will be affected. 29.1.4. The Contractor shall maintain adequate records of the compliance with the Code and Guidelines by: a. the Contractor; b. its subcontractors; c. consultants; and d. its related entities (refer Section 8 of the Building Code). 29.1.5. If the Contractor does not comply with the requirements of the Building Code in the performance of this Contract such that a sanction is applied by the Minister for Employment and Workplace Relations, the Code Monitoring Group or the Commonwealth, without prejudice to any rights that would otherwise accrue, those parties shall be entitled to record that non-compliance and take it, or require it to be taken, into account in the evaluation of any future tenders that may be lodged by the Contractor or a related entity in respect of work funded by the Commonwealth or its agencies. 29.1.6. While acknowledging that value for money is the core principle underpinning decisions on Government procurement, when assessing tenders, the Contractor may give preference to subcontractors and consultants that have a demonstrated commitment to: a. adding and/or retaining trainees and apprentices; b. increasing the participation of women in all aspects of the industry; or c. promoting employment and training opportunities for Indigenous Australians in regions where significant indigenous populations exist. 29.1.7. The Contractor must not appoint a subcontractor, consultant or material supplier in relation to the Works where: a. the appointment would breach a sanction imposed by the Minister for Employment and Workplace Relations; or b. the subcontractor or consultant has had an adverse Court or Tribunal decision (not including decisions under appeal) for a breach of workplace relations law, work health and safety law, or workers' compensation law and the tenderer has not fully complied, or is not fully complying, with the order. 29.1.8. The Contractor agrees to require that it and its subcontractors, consultants or material suppliers and its related entities provide the Commonwealth or any person authorised by the Commonwealth, including a person occupying a position in the Office of the Australian Building and Construction Commissioner, with access to: a. inspect any work, material, machinery, appliance, article or facility; b. inspect and copy any record relevant to the Project and Works the subject of this Contract; and c. interview any person, as is necessary to demonstrate its compliance with the Code and Guidelines. 29.1.9. Additionally, the Contractor agrees that the Contractor and its related entities will agree to a request from the Commonwealth or any person authorised by the Commonwealth, including a person occupying a position in Fair Work Building Industry Inspectorate, to produce a specified document within a specified period, in person, by fax or by post. 29.1.10. For the avoidance of doubt, clause 29.1.9 applies in relation to the Contractor‟s new privately funded construction sites. 29.1.11. The Contractor shall ensure that all subcontracts impose obligations on the subcontractors equivalent to the obligations under this clause 29.

Building Code 2013. 29.1.1. The Contractor must comply with the Building Code 2013 (Building Code). Copies of the Building Code are available at ▇▇▇.▇▇▇▇▇.▇▇▇.▇▇/▇▇▇▇▇▇▇▇▇▇▇▇. 29.1.2. Compliance with the Building Code shall not relieve the Contractor from responsibility to perform the Contract, or from liability for any defect in the Works arising from compliance with the Building Code. 29.1.3. Where a change in the Contract is proposed and that change would affect compliance with the Building Code, the Contractor must submit a report to the Commonwealth specifying the extent to which the Contractor's compliance with the Code and Guidelines will be affected. 29.1.4. The Contractor shall maintain adequate records of the compliance with the Code and Guidelines by: a. the Contractor; b. its subcontractors; c. consultants; and d. its related entities (refer Section 8 of the Building Code). 29.1.5. If the Contractor does not comply with the requirements of the Building Code in the performance of this Contract such that a sanction is applied by the Minister for Employment and Workplace Relations, the Code Monitoring Group or the Commonwealth, without prejudice to any rights that would otherwise accrue, those parties shall be entitled to record that non-compliance and take it, or require it to be taken, into account in the evaluation of any future tenders that may be lodged by the Contractor or a related entity in respect of work funded by the Commonwealth or its agencies. 29.1.6. While acknowledging that value for money is the core principle underpinning decisions on Government procurement, when assessing tenders, the Contractor may give preference to subcontractors and consultants that have a demonstrated commitment to: a. adding and/or retaining trainees and apprentices; b. increasing the participation of women in all aspects of the industry; or c. promoting employment and training opportunities for Indigenous Australians in regions where significant indigenous populations exist. 29.1.7. The Contractor must not appoint a subcontractor, consultant or material supplier in relation to the Works where: a. the appointment would breach a sanction imposed by the Minister for Employment and Workplace Relations; or b. the subcontractor or consultant has had an adverse Court or Tribunal decision (not including decisions under appeal) for a breach of workplace relations law, work health and safety law, or workers' compensation law and the tenderer has not fully complied, or is not fully complying, with the order. 29.1.8. The Contractor agrees to require that it and its subcontractors, consultants or material suppliers and its related entities provide the Commonwealth or any person authorised by the Commonwealth, including a person occupying a position in the Office of the Australian Building and Construction Commissioner, with access to: a. inspect any work, material, machinery, appliance, article or facility; b. inspect and copy any record relevant to the Project and Works the subject of this Contract; and c. interview any person, as is necessary to demonstrate its compliance with the Code and Guidelines. 29.1.9. Additionally, the Contractor agrees that the Contractor and its related entities will agree to a request from the Commonwealth or any person authorised by the Commonwealth, including a person occupying a position in Fair Work Building Industry Inspectorate, to produce a specified document within a specified period, in person, by fax or by post.post.‌ 29.1.10. For the avoidance of doubt, clause 29.1.9 applies in relation to the Contractor‟s Contractor’s new privately funded construction sites. 29.1.11. The Contractor shall ensure that all subcontracts impose obligations on the subcontractors equivalent to the obligations under this clause 29.