Minor Works Contract

I have previously suggested that project owners should consider utilising the Suite of Facilities Contracts published by the Australian Department of Defence. The reasons for this recommendation are explained in this article

Below is a link to a precedent Minor Works Contract I have created from the Defence Minor Works Contract, so that it is suitable for use by private sector parties.

The document departs from the Defence Minor Works Contract in the following respects:

• The Defence template is a combined Request for Quotation and Minor Works Contract. The RFQ provisions have been removed.

• Defence-specific clauses have been removed, together with clauses that give effect to Commonwealth procurement policy.

• Commonwealth policies and guidelines have been removed from the definition of Statutory Requirements.

• An express right for the Contractor to suspend work and, if not remedied, terminate for non-payment or Owner insolvency has been included.

• The right for the Owner to terminate for convenience has been deleted.

• A subcap on liability for LDs for delay has been added.

• The Owner can only reject design documentation submitted by the Contractor if it does not comply with the Contract

• The obligation to obtain moral rights consents has been simplified.

• The HOTO (Handover/Takeover) and Estate Information obligations have been deleted.

• WHS obligations have been simplified, since these are governed by WHS legislation in any event.

Obviously, this is a simplified form of construction contract and does not include all of the options found in longer contract forms. Users of the document should carefully consider its suitability for their needs and amend it as appropriate. Feel free to contact me if you require any assistance in this regard.