contract administration

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1 / 15 Attention: NVIDIA Architects, SARM Group & Riot Constructor Dear team, Meeting No: 2014-10 Client: The University of Newcastle Project: New teaching & training facility Thank you for the opportunity to preside over the recent progress meeting held Thursday October 23th. This report will provide you with the numbers of solution to particular disputes occurring at present between the architect NVIDIA Architects, the main contractor SARM Group and sub- contractor Riot Constructor. Surbana Construction Consultant have analysed and advised upon appropriate contractual resolutions according to the terms of contracts AS4000 1997 (Main contract) and AS4901 1998 (Subcontract). To clearly present the report, this document has been categorised into four sections; 1. Project diagnose 2. NVIDIA Architects Resolutions 3. SARM Group Resolutions 4. Riot Constructor Resolutions.

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Attention: NVIDIA Architects, SARM Group & Riot Constructor

Dear team,

Meeting No: 2014-10

Client: The University of Newcastle

Project: New teaching & training facility

Thank you for the opportunity to preside over the recent progress meeting held Thursday

October 23th.

This report will provide you with the numbers of solution to particular disputes occurring at

present between the architect NVIDIA Architects, the main contractor SARM Group and sub-

contractor Riot Constructor. Surbana Construction Consultant have analysed and advised upon

appropriate contractual resolutions according to the terms of contracts AS4000 – 1997 (Main

contract) and AS4901 – 1998 (Subcontract).

To clearly present the report, this document has been categorised into four sections;

1. Project diagnose

2. NVIDIA Architects Resolutions

3. SARM Group Resolutions

4. Riot Constructor Resolutions.

2 / 15

CONTENT

A. Project Diagnose……………………………………………………………………….…..3

A.1 Contract………………………………………………………………………………..…3

A.2 Contractual Roles………………………………………………………………………3

A.3 Contract Clauses…………………………………………………………………….…4

B. Architectural Resolutions – NVIDIA Architects……………………………………….5

C. Main Contractor Resolution – SARM Group……………………………………….….9

D. Sub-Contractor Resolution – Riot Constructor…………………………………..…13

E. Conclusion…………………………………………………………………………………15

F. References…………………………………………………………………………….……15

3 / 15

A. Project Diagnose

A.1 Contract

The standard contract format of using AS4000 - 1997 is carrying out new teaching and training

facilities. AS4000 – 1997 is designed for the general clause and substance use of construction

development, thus this contract it a suitable choice of our project development. Supervision

requirements for AS4000 required the Principal appointed a Superintendent to manage the

construction work onsite, they can be bonded with AS4901-1998 subcontract as well as the

Main-Contractor appoint the Sub-Contractor.

A.2 Contractual Roles

Principle

NVIDIA Architects: the person responsible for specifying project requirements and making

payment to the head contractor. Principle is bound by AS 4000 – 1997.

Main Contactor

SARM Group: the person bound to perform and complete the work-under-contract (WUC).

Contractor is bound by AS 4000 – 1997

Superintendent

Architects representative: the person appointed in writing by the NVDIA Architects to be the

Superintendent and notified as such in writing to SARM Group. Superintendent is bound by

AS 4901 – 1998

Sub-constructor

Appointed by SARM Group, at the approval of NVDIA Architects, to carry out the selected

sub-contract work. Sub-contractor Riot Constructor is represented by AS4901 – 1998.

Meeting Minutes

Meeting Title: Progress Meeting

Minutes Meeting date: 23/10/2014 Meeting time: 9:30am

Meeting location: Academic Office Block Callaghan NSW 2308

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Meeting called by: Paul Juwono (Principal)

Type of Meeting: Progress meeting

Chairman: Ada Wong

Note taker: Cade Yeager

Time keeper John Watson

Attendees: Architect, Architect’s Representative, Contractor, Sub-contractor,

Principal.

A.3 Contract Clauses

In relation to current issues of concern expressed by NVIDIA Architects, SARM Group and Riot

Constructor, clauses of significance that will form the basis for all recommendations made

herein include:

AS4000 – 1997

Clause 11 – Legislative Requirements

Clause 26 – Setting out the Works

Clause 29 – Quality

Clause 30 Examination and testing

Clause 34 Time and progress

AS4901 – 1998

Clause 26 – Setting out the subcontract works

Clause 29 – Quality

Clause 34 – Time and progress

Minutes

Present Paul Juwono (Principal) Peter Biggs (Contractor)

Michael Mason (Architect) Sam Wiki (Sub-contractor)

Adney Daniel (Architect’s

representative)

Apologies N/A N/A

5 / 15

B. Architectural Resolutions – NVIDIA Architects

Architect issues

Garden wall (2nd phase) incorrect position

Description & current action: The Architect Representative Adney Daniel has noticed a thirty

metre stretch of garden wall that is leaning at least 50mm out of plumb. He issued a rectify

instruction for this work 4 days ago, but no action has been undertaken till now.

Pertinent clause:

AS 4000 – 1997

1. AS 4000 – 1997 Clause 29.3 “Defective work”

2. AS 4000 – 1997 Clause 29.4 “Acceptance of defective work”

3. AS 4000 – 1997 Clause 29.5 “Timing”

4. AS 4000 – 1997 Clause 39.2 “Contractor’s default”

Recommendation:

1. Clause 29.3

The work done of garden wall does not comply with the Contract, the Superintendent

(Adney Daniel) has written a details instruction to the Main Contractor 4 days ago. If the

subject work has not been rectified or any rectify action been undertaken within 8 days (4

days left) The Superintendent may direct appoint others Main Contractor (SARM Group) to

rectify this subject work.

The Superintendent shall recertify the cost incurred as moneys due from the Contractor to

the Principal (NVIDIA Architects).

2. Clause 29.4

Instead of a direction pursuant to clause 29.3, the Superintendent may direct the Main-

Contractor that the Principal elects to accept the subject work, whereupon there shall be a

deemed variation.

3. Clause 29.5

The director may according to this clause to make a change of make a new work direction at

any time, before the expiration of the defects liability period end.

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4. Clause 39.2

The Principal may handover or post a written notice to show cause since the Main

Contractor commits a breach, due to the non-compliance with a direction of the

Superintendent pursuant to clause 29.3.

Garden wall (1st phase) incorrect position

The similar section (regard to the 30 m stretch of garden wall) of brick wall on an area of wall

was been built in wrong position.

Description & current action: The Architect Representative Adney Daniel has noticed a similar

section of brickwork on an area of wall are in wrong position, and that was built 8 months ago.

Pertinent clause:

AS 4000 – 1997

1. AS 4000 – 1997 Clause 29.3 “Defective work”

2. AS 4000 – 1997 Clause 29.4 “Acceptance of defective work”

3. AS 4000 – 1997 Clause 29.5 “Timing”

4. AS 4000 – 1997 Clause 39.2 “Contractor’s default”

Recommendation:

Refer to Garden Wall (2nd Phase) recommendation.

Waiting for second phase programme

The Architect Representative is still waiting for a copy of the programme for the 2nd phase of the

project.

Description & current action: Adney Daniel is waiting for the 2nd phase programme, that is

consistently been promised by the Main-contractor at the 2nd phase first beginning. But no

programme has been handover to him.

Pertinent clause:

AS 4000 – 1997

1. AS 4000 – 1997 Clause 32 “Programming”

Recommendation:

7 / 15

The Superintendent (Adney Daniel) may direct the Main Contractor to give the construction

program within the time and in the form directed. The Main Contractor shall not, without

reasonable cause, depart from a construction program.

If any such indication to comply with this clause, the Main-Contractor may face more or less

cost spending, the difference shall be evaluated and assessed by Superintendent, and added or

deducted from the contract sum.

Wrong sized plasterboard

The Superintendent (Adney Daniel) witnessed the plastering sub-contractor using the wrong

sized plasterboard (10mm instead of 15mm)

Description & current action: Adney Daniel made a written request 10 days ago for the Main-

contractor to ascertain how many units have been plastered using 10mm size board, but no

further action be undertaken by Main-contractor & Sub-contractor.

Pertinent clause:

AS 4000 – 1997

1. AS 4000 – 1997 Clause 29.3 “Defective work”

2. AS 4000 – 1997 Clause 30.1 “Test”

3. AS 4000 – 1997 Clause 30.6 “Completion and results”

4. AS 4000 – 1997 Clause 30.7 “Cost”

Recommendation:

1. Clause 29.3

The plastering work done does not comply with the Contract. The Superintendent (Adney

Daniel) has written a details notification to the Main Contractor 10 days ago. But no action has

been undertaken, since the Superintendent has rights either to do the following action:

Remove the plasterboard from site

Demolish the plastering work

Replace or correct the work

Inform Main Contractor that the Principal may have that cost rectified by others.

8 / 15

2. Clause 30.1

At any time before the expiry of the last defects liability period, the Superintendent may direct

the plasterboard be tested. The Main Contractor shall give such assistance and samples and

make accessible such parts of plasterboard as may be directed by the Superintendent.

3. Clause 30.6

On the completion of tests, The Main Contractor shall make good plasterboard so that it fully

complies with the Contract. Results of tests shall be promptly made available by each party.

4. Clause 30.7

Cost in testing the sample plasterboard shall be borne by the Principal.

Setting-out errors

A number of setting-out errors have been made, it is result of a group of piles being built in

wrong place, and a brick wall being built in an incorrect location.

Description & current action: The Architect Representative requires the Main Contractor to put

this work right.

Pertinent clause:

AS 4000 – 1997

1. AS 4000 – 1997 Clause 26.2 “Errors in setting out”

2. AS 4000 – 1997 Clause 29.3 “Defective work”

Recommendation:

1. Clause 26.2

The Main Contractor shall rectify every error in the position, level and dimensions to minimise

the following damage. After that promptly notifying the Superintendent and unless the

Superintendent within 3 days directs otherwise.

2. Clause 29.3

Refer to the 2nd phase incorrect position of garden wall.

9 / 15

C. Main Contractor Resolution – SARM Group

Non-compliance staircase design

The Main Contractor wishes to make a point about a detail on the staircase drawings.

Description & current action: The Main Contractor pointed out to Adney Daniel 2 weeks ago (on

telephone) that if construction went ahead as per drawing the staircase would have a pitch that

was unacceptable under the requirements of the building code. The building code authorities

now want the staircase altered so it complies.

Pertinent clause:

AS 4000 – 1997

1. AS4000 – 1997 Clause 11.1 “Compliance”

Recommendation:

1. Clause 11.1

The Main-Contractor shall meet all legal requirements should be found in legislation regulations,

any non-compliances in the contract shall promptly give written notice to the Superintendent.

Alteration of decorative planted area design

The Main Contractor has pointed out that on a previous occasion they altered the Architect’s

design to enable a decorative planted area to be constructed more easily.

Description & current action: The Main Contractor wishes to know if they will be paid for this

work and given additional time.

Pertinent clause:

AS 4000 – 1997

1. AS 4000 – 1997 Clause 29.3 “Defective work”

2. AS 4000 – 1997 Clause 29.4 “Acceptance of defective work”

Recommendation:

1. Clause 29.3

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If the Principal insist the wok done must be rebuilt to the original design, the Main Contractor

shall wait for the Superintendent’s written notice, then reconstruct the work within 8 days. They

can’t be paid and the certify money shall due from the Main-Contractor.

2. Clause 29.4

If the Superintendent may direct the Contractor that the Principal elects to accept the decorative

planted area, whereupon there shall be a deemed varation.

Construction details around glass conservatory

The Main Contractor is awaiting drawings showing the constructional details around a glass

conservatory that were requested in writing three weeks ago.

Description & current action: The Main Contractor is still waiting for the detail drawings and the

construction of this item is now becoming critical.

Pertinent clause:

AS 4000 – 1997

1. AS 4000 – 1997 Clause 34.3 “Claiming”

2. AS 4000 – 1997 Clause 34.5 “Extension of time”

3. AS 4000 – 1997 Clause 34.9 “Delay damages”

Recommendation:

1. Clause 34.3

The Main Contractor is entitled to claim extension of time for carrying out any subsequent works

which will be undertaken after the completion of glass conservatory, because the Main

Contractor gives a writing notice and will be delayed in reaching practical completion by a

qualifying causes of delay.

2. Clause 34.5

The Superintendent shall give to the contractor and the Principal a written direction evidencing

the EOT so assessed within 28 days (after receiving Main Contractor’s claim)

11 / 15

3. Clause 34.9

For these subsequent task’s EOTs after glass conservatory, the Contractor shall give the

Superintendent a claim for delay damages pursuant to sub clause 41.1, damages certified by

the Superintendent under sub clause 41.3 shall be due and payable to the Contractor.

Re-rendered gable wall

The Main Contractor is reluctant to knock holes in the plasterboard to determine the number of

units that have been plastered using the incorrect sized boards. (See Architect’s resolution in

section B). They have just re-rendered a gable wall after knocking off some decorative render to

confirm it was the specified thickness (15mm).

Description & current action: The thickness proved adequate, then the Main Contractor wish to

know if they will be paid and given additional time for this work.

Pertinent clause:

AS 4000 – 1997

1. AS 4000 – 1997 Clause 30.1 “Test”

2. AS 4000 – 1997 Clause 30.6 “Completion and results”

3. AS 4000 – 1997 Clause 30.7 “Cost”

Recommendation:

1. Clause 30.1

The Superintendent is entitled at any time before the expiry of the last defects liability period, to

direct the plasterboard be tested. The Main Contractor shall give such assistance and samples

and make accessible such part of plasterboard directed by Superintendent.

2. Clause 30.6

On completion of the tests, the Main Contractor shall make correct sized plasterboard so that it

fully complies with the Contract. Results of tests shall be promptly made available by each party

to the other and to the Superintendent.

3. Clause 30.7

Cost in connection with testing shall be borne by the Principal.

12 / 15

Setting out error/incorrect position brick wall due to not issued drawing

The Main-contractor has set out and built the brick wall in an incorrect position (engineer using

dimension from first floor drawing to set out ground floor), this is the result of the Architect had

not issued the ground floor drawing.

Description & current action: The Main Contractor wishes to know if they will be paid for

correcting this, and given additional time to do so.

Pertinent clause:

AS 4000 – 1997

1. AS 4000 – 1997 Clause 26.1 “Setting out”

2. AS 4000 – 1997 Clause 34.3 “Claiming”

3. AS 4000 – 1997 Clause 34.5 “Extension of time”

4. AS 4000 – 1997 Clause 34.9 “Delay damages”

Recommendation:

1. Clause 26.1

The entrusting party (Principal) shall ensure that the Superintendent give the Main-

Contractor data, measurement marks and information necessary to setting out work,

surveying markers shall be specified in the contract. Then the Contractor shall specify the

project in accordance with the provisions of the contract.

2. Clause 34.3, 34.5 & 34.9

Refer to glass conservatory resolution.

Unsuitable materials used to fill the driveways

The Architect Representative has been insisting that the fill used under the driveways is not

specified.

Description & current action: This work was carried out as a favour by the Sub-contractor (Riot

Constructor) of the sub-let work “at no charge”

Pertinent clause:

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AS 4000 – 1997

1. AS 4000-1998 Clause 29.3 “Defective work”

Recommendation:

1. Clause 29.3

The Superintendent shall as soon as practicable give the Main Contractor a written details, the

Main Contractor shall rectify the works. Further information please refer to section D “Sub

Contractor resolution”.

D. Sub-Contractor Resolution – Riot Constructor

Installed a group of piles in according with wrong drawing

The Engineer used by the Sub-Contractor (Riot Constructor) has set out a group of piles in the

wrong location from the Architects drawing.

Description & current action: The Main Contractor is holding the Sub-Contractor responsible and

insists on charging them for having the work put right.

Pertinent clause:

AS 4901 – 1998

1. AS 4901 – 1998 Clause 26.1 “Setting out”

2. AS 4901 – 1998 Clause 26.2 “Errors in setting out”

Recommendation:

1. Clause 26.1

The Main-contractor shall give the Sub-contractor the data, survey marks and any other

information to set out pile in accordance with Sub-contract. So the Riot Constructor is

entitled to claim addition cost and extension of time from Main Contractor.

2. Clause 26.2

The setting out piles error was caused by incorrect data, survey marks or information given

by the Main Contractor, the cost incurred by the Subcontractor in rectifying the error shall be

assessed by the Main Contractor and added to the subcontract sum.

14 / 15

Unspecified light switches

The Main Contractor has noticed that the Sub-contractor is using a cheaper grade of light

switches than was specified.

Description & current action: The Main Contractor is insists that the light switches must be

changed.

Pertinent clause:

AS 4901 – 1998

1. AS 4901 – 1998 Clause 29.3 “Defective work”

Recommendation:

1. Clause 29.3

The Main Contractor becomes aware of work done by the Subcontractor which does not comply

with the Subcontract, the Main Contractor shall give a written notice to subcontractor to rectify

the light switches. As the Sub-contractor, if the work has not been rectified, they may face to the

flowing risks:

Failure has not been made good within 5 days after the Subcontractor receives

written notice from the Main Contractor that they intends to have the subject work

rectified by others.

Direct by Main Contractor to remove the switches from the site, demolish the existing

work done and replace the work done.

Unqualified materials used in backfilling

This work can’t be assessed by the subcontract due to it is not a work under contract.

15 / 15

E. Conclusion

We hope our suggestion is satisfied by each party involved in the progressive meeting, if any

party get doubt or question, please feel free to contact with us.

F. References

AS 4000 – 1997, S. A. (2009). “AS 4000 – 1997 General Conditions of Contract”. Australian

Standard, 70

AS 4901 – 1998, S. A. (2009). “AS 4901 – 1998 General Conditions of Contract”. Australian

Standard, 75