Common use of Construction Contracts Act 2004 Clause in Contracts

Construction Contracts Act 2004. (a) The Non-Owner Participant must: (i) promptly give Main Roads a copy of any notice that the Non-Owner Participant receives from a Subcontractor; and (ii) ensure that each Subcontractor promptly gives Main Roads and the Non-Owner Participant a copy of any notice that the Subcontractor receives from another party, under sections 42 or 43 of the Construction Contracts Act 2004 (WA) (CCA). (b) If Main Roads becomes aware that the Subcontractor is entitled to suspend any works or services (which form part of the Works) under section 42 of the CCA, Main Roads may pay the Subcontractor such money as is or may be owing to the Subcontractor in respect of works or services forming part of the Works. Any amount paid by Main Roads will be a Direct Cost and Main Roads is not liable to pay the Non-Owner Participant for the work performed by the Subcontractor the subject of the payment. (c) If a Participant applies for adjudication of a payment dispute under the CCA, the prescribed appointer for the purposes of section 26(1)(c) of the CCA is The Western Australian Chapter of The Institute of Arbitrators and Mediators Australia. (d) For the purposes of this clause 17.8, a reference to: (i) a Subcontractor includes any person engaged by a Non-Owner Participant, its subcontractors or any other person to carry out works or services which forms part of the Works; and (ii) works or services refers to all or any part of the Works a Non-Owner Participant is or may be required to execute or provide under this Agreement and includes equipment, services (including design work), Materials, Construction Plant and Temporary Works.

Construction Contracts Act 2004. (a) The Non-Owner Participant Participants must: (i) promptly give Main Roads a copy of any notice that the a Non-Owner Participant receives from a Subcontractor; and (ii) ensure that each Subcontractor promptly gives Main Roads and the Non-Owner Participant Participants a copy of any notice that the Subcontractor receives from another party, under sections 42 or 43 of the Construction Contracts Act 2004 (WA) (CCA). (b) If Main Roads becomes aware that the Subcontractor is entitled to suspend any works or services (which form forms part of the Works) under section 42 of the CCA, Main Roads may pay the Subcontractor such money as is or may be owing to the Subcontractor in respect of works or services forming part of the Works. Any amount paid by Main Roads will be a Direct Cost and Main Roads is not liable to pay the Non-Owner Participant for the work performed by the Subcontractor the subject of the payment. (c) If a Participant applies for adjudication of a payment dispute under the CCA, the prescribed appointer for the purposes of section 26(1)(c) of the CCA is The Western Australian Chapter of The Institute of Arbitrators and Mediators Australia. (d) For the purposes of this clause 17.8, a reference to: (i) a Subcontractor includes any person engaged by a Non-Owner Participant, its subcontractors or any other person to carry out works or services which forms part of the Works; and (ii) works or services refers to all or any part of the Works a Non-Owner Participant is or may be required to execute or provide under this Agreement and includes equipment, services (including design work), Materials, Construction Plant and Temporary Works.