INTERPRETATION AND CONSTRUCTION OF CONTRACT. Delete the definition of 'bill of quantities' and replace with: 'bill of quantities means a price schedule;' Insert a new definition of 'building contract': 'building contract has the same meaning as given to that term in section 67AAA of the Queensland Building and Construction Commission Act 1991 (Qld);’ Insert a new definition of 'business day': 'business day means: when used in the definition of payment period, has the same meaning as given to that term in section 67W of the Queensland Building and Construction Commission Act 1991 (Qld); otherwise, has the same meaning as in the security of payment legislation;’ Insert a new definition of 'claim’: 'claim includes any claim, action, demand, proceeding, suit, defence or set-off, however arising including pursuant to a provision of the Contract (including any claim for a variation, an EOT or other adjustment of the contract sum), at law (including a breach of contract), under statute, in equity, in tort (including for negligence), in quasi-contract, for unjust enrichment and to the extent permitted by law, pursuant to any other principle of law, in connection with the Contract, the Works or WUC;' Insert a new definition of 'claimable amount': 'claimable amount means: the value of work carried out by the Contractor in the performance of the Contract which the Contractor is entitled to include in a progress claim; and amounts otherwise due from the Principal to the Contractor pursuant to the Contract;’ Insert a new definition of 'compensable direction': 'compensable direction means a direction pursuant to subclause 8.1 that is necessitated solely because of an inconsistency, ambiguity, discrepancy or error which is in a document prepared by or on behalf of the Principal for the purpose of carrying out WUC and which could not have been identified by a competent contractor at the time of the Contractor's tender if that contractor had inspected: all written information made available by the Principal to the Contractor for the purpose of tendering; all information influencing the risk allocation in the Contractor's tender and reasonably obtainable by the making of reasonable enquiries; and the site and its near surrounds;' Insert a new definition of 'conflict of interest': 'conflict of interest means any actual, potential or perceived conflict between the interests of the Contractor and the Contractor's obligations under the Contract; Delete the definition of 'Contract and replace with: 'Contract has the meaning in clause 1.1 of the Formal Instrument of Agreement;’ Delete the definition of 'contract sum' and replace with: 'contract sum means where Item 10A states that the Contract is a lump sum contract, the sum of the lump sums contained in the price schedule; or where Item 10A states that the Contract is a schedule of rates contract: the sum of the products ascertained by multiplying the rates by the corresponding quantities in the price schedule; plus any lump sums contained in the price schedule, including provisional sums but excluding additions or deductions which may be required to be made under the Contract;' Insert a new definition of 'Councillor': 'Councillor has the meaning given to that term in the Local Government Act 2009 (Qld);' Delete the definition of ‘date of acceptance of tender’ and insert: ‘date of acceptance of tender means the date which appears on the written notice from the Principal to the Contractor advising that the Contractor’s tender or quotation (as the case may be) is successful or, where no such notice is issued means the date on which the Contract is executed by the last party to do so;’ Delete paragraph (a) of the definition of 'date of practical completion' and replace with: '(a) the date stated in a certificate of practical completion as the date on which practical completion was reached (which may be a date earlier than the date on which the certificate of practical completion is issued); or Insert a new definition of ‘Formal Instrument of Agreement’: 'Formal Instrument of Agreement means the document of that name forming part of the Contract;’ Insert a new definition of 'improper conduct': 'improper conduct means: engaging in misleading or deceptive conduct; engaging in any collusive tendering, anticompetitive conduct, or any other unlawful or unethical conduct; failing to declare a conflict of interest in breach of subclause 2B.2; canvassing, attempting to improperly influence, offering any inducement to, or accepting or inviting improper assistance from, the Principal's Councillors or other personnel (or former personnel); using any information improperly obtained, or obtained in breach of any obligation of confidentiality; engaging in aggressive, threatening, abusive, offensive or other inappropriate behaviour or committing a criminal offence; or engaging in conduct contrary to sections 199 and 200 of the Local Government Act 2009 (Qld);' Insert a new definition of 'informal variation direction': ‘informal variation direction means a direction by the Superintendent for a variation which is either: not in writing; or in writing but which does not expressly state that it is a direction for a variation pursuant to clause 36;’ Insert a new definition of ‘liability limit’:
Appears in 1 contract
Sources: Construction Contract
INTERPRETATION AND CONSTRUCTION OF CONTRACT. Delete the definition of 'bill of quantities' and replace with: 'bill of quantities means a price schedule;' Insert a new definition of 'building contract': 'building contract has the same meaning as given to that term in section 67AAA of the Queensland Building and Construction Commission Act 1991 (Qld);’ Insert a new definition of 'business day': 'business day means: :
(a) when used in the definition of payment period, has the same meaning as given to that term in section 67W of the Queensland Building and Construction Commission Act 1991 (Qld); ;
(b) otherwise, has the same meaning as in the security of payment legislation;’ Insert a new definition of 'claim’: 'claim includes any claim, action, demand, proceeding, suit, defence or set-off, however arising including pursuant to a provision of the Contract (including any claim for a variation, an EOT or other adjustment of the contract sum), at law (including a breach of contract), under statute, in equity, in tort (including for negligence), in quasi-contract, for unjust enrichment and to the extent permitted by law, pursuant to any other principle of law, in connection with the Contract, the Works or WUC;' Insert a new definition of 'claimable amount': 'claimable amount means: :
(a) the value of work carried out by the Contractor in the performance of the Contract which the Contractor is entitled to include in a progress claim; and and
(b) amounts otherwise due from the Principal to the Contractor pursuant to the Contract;’ Insert a new definition of 'compensable direction': 'compensable direction means a direction pursuant to subclause 8.1 that is necessitated solely because of an inconsistency, ambiguity, discrepancy or error which is in a document prepared by or on behalf of the Principal for the purpose of carrying out WUC and which could not have been identified by a competent contractor at the time of the Contractor's tender if that contractor had inspected: :
(a) all written information made available by the Principal to the Contractor for the purpose of tendering; ;
(b) all information influencing the risk allocation in the Contractor's tender and reasonably obtainable by the making of reasonable enquiries; and and
(c) the site and its near surrounds;' Insert a new definition of 'conflict of interest': 'conflict of interest means any actual, potential or perceived conflict between the interests of the Contractor and the Contractor's obligations under the Contract; Delete the definition of 'Contract and replace with: 'Contract has the meaning in clause 1.1 of the Formal Instrument of Agreement;’ Delete the definition of 'contract sum' and replace with: 'contract sum means :
(a) where Item 10A states that the Contract is a lump sum contract, the sum of the lump sums contained in the price schedule; or or
(b) where Item 10A states that the Contract is a schedule of rates contract: :
(i) the sum of the products ascertained by multiplying the rates by the corresponding quantities in the price schedule; plus plus
(ii) any lump sums contained in the price schedule, including provisional sums but excluding additions or deductions which may be required to be made under the Contract;' Insert a new definition of 'Councillor': 'Councillor has the meaning given to that term in the Local Government Act 2009 (Qld);' Delete the definition of ‘date of acceptance of tender’ and insert: ‘date of acceptance of tender means the date which appears on the written notice from the Principal to the Contractor advising that the Contractor’s tender or quotation (as the case may be) is successful or, where no such notice is issued means the date on which the Contract is executed by the last party to do so;’ Delete paragraph (a) of the definition of 'date of practical completion' and replace with: '(a) the date stated in a certificate of practical completion as the date on which practical completion was reached (which may be a date earlier than the date on which the certificate of practical completion is issued); or Insert a new definition of ‘Formal Instrument of Agreement’: 'Formal Instrument of Agreement means the document of that name forming part of the Contract;’ Insert a new definition of 'improper conduct': 'improper conduct means: :
(a) engaging in misleading or deceptive conduct; ;
(b) engaging in any collusive tendering, anticompetitive conduct, or any other unlawful or unethical conduct; ;
(c) failing to declare a conflict of interest in breach of subclause 2B.2; ;
(d) canvassing, attempting to improperly influence, offering any inducement to, or accepting or inviting improper assistance from, the Principal's Councillors or other personnel (or former personnel); ;
(e) using any information improperly obtained, or obtained in breach of any obligation of confidentiality; ;
(f) engaging in aggressive, threatening, abusive, offensive or other inappropriate behaviour or committing a criminal offence; or or
(g) engaging in conduct contrary to sections 199 and 200 of the Local Government Act 2009 (Qld);' Insert a new definition of 'informal variation direction': ‘informal variation direction means a direction by the Superintendent for a variation which is either: a
(a) not in writing; or or
(b) in writing but which does not expressly state that it is a direction for a variation pursuant to clause 36;’ Insert a new definition of ‘liability limit’:
Appears in 1 contract
Sources: Contract for Instrumentation Upgrade