Common use of Description of Works Clause in Contracts

Description of Works. The Contractor must construct the Works in accordance with: the Design Documents; if the Contract requires the Contractor to design any part of the Works, the design prepared by the Contractor which the PDS Contractor has given permission to use under clause 5.2; any direction of the PDS Contractor, including a Variation directed by the PDS Contractor by a written document titled "Variation Order"; and the other requirements of the Contract. The Contractor must, without adjustment of the Contract Price, provide all work or materials necessary for the Contractor's Activities and which a prudent, competent and experienced contractor should have realised would have been required whether or not expressly mentioned in the Design Documents or the design prepared by the Contractor which the PDS Contractor has given permission to use under clause 5.2. If there is any ambiguity, discrepancy or inconsistency in the documents which make up the Contract, the order of precedence specified in the Contract Particulars will apply. If any ambiguity, discrepancy or inconsistency in any documents which make up the Contract is discovered by the Contractor or the Commonwealth, then the party discovering it must give the PDS Contractor and the other party notice in writing. The PDS Contractor must direct the Contractor as to the course it must adopt within 14 days of receipt of a notice from a party. If the Contractor believes the direction constitutes a Variation it must give notice to the PDS Contractor under clause 10.4 before it complies with the direction.