AS 4905—2002

(Incorporating Amendment No. 1)

AS 4905—2002

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Australian Standard™

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Minor works contract conditions

(Superintendent administered)
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 This Australian Standard was prepared by Committee OB-003, General Conditions
of Contract. It was approved on behalf of the Council of Standards Australia on
29 October 2001. This Standard was published on 25 February 2002.

The following are represented on Committee OB-003:

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Association of Consulting Engineers Australia
Australian Chamber of Commerce and Industry
Australian Procurement and Construction Council
AUSTROADS
Construction Industry Engineering Services Group

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Construction Policy Steering Committee
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Electricity Supply Association of Australia

Institution of Engineers, Australia
Institution of Professional Engineers, New Zealand
Law Council of Australia
Master Builders Australia
National Construction Council of the Australian Industry Group
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Process Engineers and Constructors Association
Royal Australian Institute of Architects

Keeping Standards up-to-date

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Executive, Standards Australia, GPO Box 5420, Sydney, NSW 2001.

This Standard was issued in draft form for comment as DR 99098.

 AS 4905—2002
(Incorporating Amendment No. 1)

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Australian Standard™

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This is a free 8 page sample. Access the full version at http://infostore.saiglobal.com.

Minor works contract conditions

(Superintendent administered)
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Originated as part of AS 4305—1996.

Revised and redesignated in part as AS 4905—2002.
Reissued incorporating Amendment No. 1 (March 2005).
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COPYRIGHT
© Standards Australia
All rights are reserved. No part of this work may be reproduced or copied in any form or by
any means, electronic or mechanical, including photocopying, without the written
permission of the publisher.
Published by Standards Australia, GPO Box 5420, Sydney, NSW 2001, Australia
ISBN 0 7337 3668 8
 AS 4905—2002 2

PREFACE
This Standard was prepared by the Joint Standards Australia/Standards New Zealand
Committee OB–003, General Conditions of Contract to supersede, in part, AS 4305—1996,
Minor works contract conditions.
This Standard incorporates Amendment No. 1 ( March 2005 ). The changes required by the

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Amendment are indicated in the text by a marginal bar and amendment number against the
clause, note, table, figure or part thereof affected.
This Standard is the result of a consensus among Australian and New Zealand
representatives on the Joint Committee to produce it as an Australian Standard.
AS 4905—2002, Minor works contract conditions (Superintendent administered) is part of
the suite of conditions of contract based on AS 4000— 1997, General conditions of

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contract.
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This Standard is intended to be used for construct-only projects of a simple nature and
of limited monetary value. It is not suitable for projects of a complex or long term
nature or where a bill of quantities has been prepared. There is also no provision for
separable portions or selected subcontracts.
This Standard provides for administration by a Superintendent. Where it is intended that a
Principal administer the contract, AS 4906—2002, Minor works contract conditions
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(Principal administered) should be used.
This Standard is not meant to be used as a short form of AS 4000—1997, General
conditions of contract. Certain obligations and risks are dealt with differently from the way
they are dealt with in AS 4000—1997.
Warnings
1) This Standard provides an option for the parties to limit the Contractor’s
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liability for damage to other property of the Principal. See subclause 10.1(a)
and Item 9. Clause 10 (Damage to persons and property other than WUC)
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does not otherwise limit the liability of parties for special, indirect or
consequential losses.
This unlimited liability applies notwithstanding any limitations or
exclusions permitted under insurance clauses 11 (Insurance of the Works)
and 12 (Public liability insurance).
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Parties wishing to limit their liability should seek insurance and legal advice
before entering a contract under this Standard.
2) Legislation has come into force in some jurisdictions dealing with security
of payments. Parties intending to use this Standard should seek expert
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advice as to their rights and obligations under such legislation.

 3 AS 4905—2002

CONTENTS

Clause Title Page

1 INTERPRETATION AND CONSTRUCTION OF CONTRACT .....................................4

2 NATURE OF CONTRACT.................................................................................................6

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3 SECURITY..........................................................................................................................6
4 SERVICE OF NOTICES.....................................................................................................7
5 DISCREPANCIES...............................................................................................................7
6 ASSIGNMENT AND SUBCONTRACTING.....................................................................7
7 LEGISLATIVE REQUIREMENTS....................................................................................7

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8 PROTECTION.....................................................................................................................8
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9 CARE OF THE WORK AND REINSTATEMENT OF DAMAGE...................................8

10 DAMAGE TO PERSONS AND PROPERTY OTHER THAN WUC ...............................9
11 INSURANCE OF THE WORKS ........................................................................................9
12 PUBLIC LIABILITY INSURANCE.................................................................................10
13 INSURANCE OF EMPLOYEES ......................................................................................10
14 INSURANCE PROVISIONS ............................................................................................10
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15 SUPERINTENDENT ........................................................................................................11
16 REPRESENTATIVES.......................................................................................................11
17 SITE...................................................................................................................................11
18 MATERIALS AND WORK..............................................................................................11
19 PROGRAMMING AND SUSPENSION ..........................................................................12
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20 TIME AND PROGRESS...................................................................................................12

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21 DEFECTS LIABILITY .....................................................................................................13

22 VARIATIONS ...................................................................................................................13
23 PAYMENT ........................................................................................................................14
24 PAYMENT OF WORKERS AND SUBCONTRACTORS..............................................15
25 DEFAULT OR INSOLVENCY ........................................................................................15
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26 NOTIFICATION OF CLAIMS .........................................................................................19

27 DISPUTE RESOLUTION .................................................................................................19
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ANNEXURE ..................................................................................................................................21

INDEX ...........................................................................................................................................25
 AS 4905—2002 4

STANDARDS AUSTRALIA

Australian Standard
Minor works contract conditions
(Superintendent administered)

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1 Interpretation and construction of Contract
In the Contract, except where the context otherwise requires:
Item means an Item in the Annexure;
certificate of has the meaning in subclause 20.4;

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practical completion
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compensable cause means any act, default or omission of the Principal or its
consultants, agents or other contractors (not being employed
by the Contractor);
construction program has the meaning in clause 19;
Contract means the agreement between the Principal and the
Contractor;
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contract sum means:
a) where the Principal accepted a lump sum, the lump
sum;
b) where the Principal accepted rates, the sum of the
products ascertained by multiplying the rates by the
corresponding quantities in the schedule of rates; or
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c) where the Principal accepted a lump sum and rates, the

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aggregate of the sums referred to in paragraphs (a) and

(b),
excluding any additions or deductions which may be required
to be made under the Contract;
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Contractor means the person bound to carry out and complete WUC;
date for practical means the date stated in Item 7(a) or the last day of the period
completion of time stated in Item 7(b), but if any EOT for practical
completion is directed or otherwise allowed, it means the date
resulting therefrom;
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date of acceptance means the date which appears on the written notice of
of tender acceptance of tender;
date of practical means:
completion
a) the date evidenced in a certificate of practical
completion as the date upon which practical completion
was reached; or
b) where another date is determined in any arbitration or
litigation as the date upon which practical completion
was reached, that other date;
defects has the meaning in clause 21 and includes omissions;

© Standards Australia www.standards.com.au

 5 AS 4905—2002

direction includes agreement, approval, assessment, authorisation,

certificate, decision, demand, determination, explanation,
instruction, notice, order, permission, rejection, request or
requirement;
dispute has the meaning in clause 27;
EOT (from ‘extension has the meaning in subclause 20.2;
of time’)

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practical completion is that stage in the carrying out and completion of WUC when
the Works are complete except for minor defects;
Principal means the Principal stated in Item 1;
qualifying cause of means:
delay
a) any act, default or omission of the Superintendent, the

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Principal or its consultants, agents or other contractors

(not being employed by the Contractor); or
b) other than:
i) a breach or omission by the Contractor; and
ii) industrial conditions or inclement weather
occurring after the date for practical completion;
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site means the lands and other places to be made available and any
other lands and places made available to the Contractor by the
Principal for the purpose of the Contract;
Superintendent means the person stated in Item 5 as the Superintendent or
other person from time to time appointed in writing by the
Principal to be the Superintendent and notified as such in
writing to the Contractor by the Principal and, so far as
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concerns the functions exercisable by a Superintendent’s

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representative, includes a Superintendent’s representative;

the Works means the whole of the work to be carried out and completed
in accordance with the Contract, including variations provided
for by the Contract, which by the Contract is to be handed
over to the Principal;
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work includes the provision of materials;

WUC (from ‘work means the work which the Contractor is or may be required to
under the Contract’) carry out and complete under the Contract and includes
variations, remedial work, construction plant and temporary
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works,
and like words have a corresponding meaning.
In the Contract:
a) references to days mean calendar days and references to
a person include an individual, firm or a body, corporate
or unincorporate;
b) time for doing any act or thing under the Contract shall,
if it ends on a Saturday, Sunday or Statutory or Public
Holiday, be deemed to end on the day next following
which is not a Saturday, Sunday or Statutory or Public
Holiday;

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 AS 4905—2002 6

c) clause headings and subclause headings shall not form

part of, nor be used in the interpretation of, the
Contract; and
d) words in the singular include the plural and words in the
plural include the singular, according to the
requirements of the context. Words importing a gender
include every gender.

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2 Nature of Contract

2.1 Performance and payment

The Contractor shall carry out and complete WUC in accordance with the Contract and
directions authorised by the Contract.

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The Principal shall pay the Contractor:

(a) for work for which the Principal accepted a lump sum, the lump sum; and
(b) for work for which the Principal accepted rates, the sum of the products ascertained
by multiplying the measured quantity of each section or item of work actually carried
out under the Contract by the rate accepted by the Principal for the section or item,
adjusted by any additions or deductions made pursuant to the Contract.
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2.2 Quantities
Quantities in a schedule of rates are estimated quantities only.
The Superintendent is not required to give a direction by reason of the actual quantity of an
item required to perform the Contract being greater or less than the quantity shown in the
schedule of rates.
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If the schedule of rates omits an item which should have been included, the item shall be a
deemed variation.
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3 Security

3.1 Provision
Security shall be provided in accordance with Item 8. All delivered security, other than cash
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or retention moneys, shall be transferred in escrow.

3.2 Recourse
Security shall be subject to recourse by the Principal who remains unpaid after the time for
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payment where at least 5 days have elapsed since the Principal has notified the Contractor
of intention to have recourse.

3.3 Reduction and release

Upon the issue of a certificate of practical completion, the Principal’s entitlement to
security shall be reduced to 50 per cent thereof and the reduction shall be released and
returned within 14 days to the Contractor.
The Principal shall release and return the balance of security then held to the Contractor
within 14 days of the final certificate.

© Standards Australia www.standards.com.au

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AS 4905-2002 (Reference Use Only), Minor works

contract conditions (Superintendent administered)
This is a free 8 page sample. Access the full version at http://infostore.saiglobal.com.

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