These two documents serve much the same purpose, although most contracting entities prefer a formal instrument of the agreement to ensure that there is no doubt as to which documents will be included in the contract. Subject to point 21.3 above, there is no contractual relationship or obligation to provide the requirements of the contracting authority until the contracting authority and the successful bidder formally exchange contractors for a formal contractual instrument in accordance with the terms of the contract. As the official title indicates, AS 4000 contains the terms and conditions of the contract. You must collect the other contract documents and complete the schedule. Third, contractors will sometimes attempt to use the AS 4000 as the basis for an ICE contract. (For more information on ICE contracts, click here.) The AS 4000 may be a good document for this purpose, but it would require a change because it is not written as an agreement on ICE. One thing you need is a document to formalize your conclusion in a contract that contains the Terms and Conditions as 4000. (If you buy AS 4000, you`ll notice there`s no place to sign.) To access our Formal Instrument of Agreement model, check out our AS 4000 Contract Users Guide here. . The terms and phrases defined in the terms and conditions of the contract (Annex A) have the same meaning in this formal act.
There are a number of features that distinguish AS 4000 from other standard form contracts. This includes: you can buy the Australian formal instrument (AS 4950) designed to be used with AS 4000. Second, as has already been mentioned, many contractors feel that the risk profile of 4000 is too weighted in favour of the contractor. For example, contracting entities will often contain schedules, remove all licensing provisions considered accepted, and introduce clauses that reduce the circumstances in which changes in the contract amount or the date of practical conclusion can be invoked. AS 4000 is published by Standards Australia Limited, part of SAI Global. It is copyrighted and you have to pay a fee to use it. Many contractors will not agree to sign AS 4000 in its unchanged form. Instead, they will often attempt to include specific changes or conditions (read more about the common changes to the AS 4000). This is mainly due to three reasons. While contractors tend to view the AS 4000 risk profile as fairly balanced, some contracting authorities view the contract as weighted in favour of the contractor. If the contractor does not execute the formal agreement on time and in the form provided in this sub-clause ( (b) of this sub-clause, the Glenelg Shire Council is entitled to treat this failure as a delay within the meaning of item 44. First, AS 4000 is now more than 20 years old.
Since then, a number of pieces of legislation have been passed to undermine the rights and obligations of the parties under the treaty. Examples include GST legislation, payment security, proportionate liability, personal property security and workplace safety. After receiving the contractor`s two copies of the formal agreement duly executed by the contractor, the Glenelg Shire Council executes both copies of the formal agreement as soon as possible and, as soon as possible, both copies are duly stamped, unless an exemption from this requirement applies by the Law of Parliament or the law or regulation of a territory. , depending on the case, and forwards one of these copies to the contractor.