Contract Management - GC21

Introduction

Procurement practice guidance material is provided to assist in managing GC21 construction contracts entered into under the NSW Government Procurement System for Construction. It includes:

• Clause commentary to assist in understanding each clause in the GC21 General Conditions of Contract.
• Contractual authorities to assist in the administration of a GC21 contract.
• Meetings and workshops guide notes to assist with start-up and close-out workshops and evaluation and monitoring meetings.
• Sample letters to assist in taking appropriate action under certain clauses in the GC21 General Conditions of Contract are identified by the relevant clause number and title.

Note: In the sample letters the insertion point and instructions are highlighted in yellow. If the yellow highlighting is not visible please refer to: Sample letter guidance

Procurement Practice Guides

• GC21 clause commentary
• GC21 meetings and workshops

Contractual authorities

• Schedule of Contractual Authorities (GC21 contracts)

Sample letters

• Sample letter guidance

General responsibilities

• 01 Contract instruction (general)

Authorised Persons

• 02A Appointment of Principal's Authorised Person
• 02B Appointment of a replacement Principal's Authorised Person
• 02C Change to the Principal's Authorised Person

The Contract

• 07A Letter of Award
• 07B Advice to unsuccessful tenderers

Collusive arrangements

• 14 Money paid in collusive arrangements

Time management

• 25A Submission of a program
• 25B Non-compliance of program
• 25C Demonstration that Scheduled Progress is being achieved
• 25D Instruction to achieve Scheduled Progress
• 25E Submission of an updated program

Working days and hours of work

• 26 Working days and hours of work

Care of people, property and the environment

• 9A Care of people, property and the environment - Urgent action
• 29B Complaint – notification to the Contractor
• 29C Complaint – reply to the complainant
• 29D Complaint – request to the complainant to discuss the matter

Engaging Subcontractors

• 32A Request for Subcontract information
• 32B Objection to proposed Subcontractor

Start-up workshop

• 35 GC21 Start-up Workshop

Insurance

• 36A Proof of insurance
• 36B Confirmation of insurance premium payment
  (when insurance arranged by the Department of Services, Technology and Administration is used)
• 36C Confirmation of insurance premium payment at Completion
  (when insurance arranged by the Department of Services, Technology and Administration is used)

Undertakings

• 37A Lodgement of Security
• 37B Receipt of Security
• 37C Return of the Completion Undertaking
• 37D Return of the Post-Completion Undertaking
• 37E Reduction of Security
• 37F Call-up of Undertaking

Site access

• 38 Advice of proposed audit/s

Engagement of Valuer

• 39A Invitation to submit a fee proposal as Valuer
• 39B Request for the person named in CI 52A to select a Valuer
• 39C Engagement of Valuer

Submitting Contractor's Documents

• 45A Contractor's Documents (no Faults identified)
• 45B Faults in the Contractor's Documents

Defects

• 50A Defects Notice
• 50B Failure to make good the Defects

Acceptance with Defects not made good

• 51A Proposal for acceptance with Defects not made good
• 51B Proposal for the Valuer to value Defects not made good

Variations

• 52A Request for the price and time implications of a proposed Variation
• 52B Instruction to proceed - when the price has been agreed
• 52C Instruction to proceed - when a party has made a request to the Valuer
• 52D Instruction to proceed - when urgent or special circumstances exist and no Valuer is engaged
• 52E Instruction to proceed – as Daywork
• 52F Terms for the Principal’s agreement to proceed with a Variation for the Contractor’s convenience

Extensions of time

• 54A Grant an extension of time
• 54B Refusal of extension of time

Acceleration

• 56A Request for proposal for a proposed acceleration
• 56B Acceleration Notice

Principal’s suspension

• 57A Principal’s Suspension
• 57B Resumption of work following a Principal’s Suspension

Payments

• 63A Payment Schedule
• 63B Payment
• 63C Reply to a complaint by an employee, Subcontractor or Supplier
• 63D Notice of Complaint
• 63E Conflicting statutory declarations
• Statutory declaration for completion by an employee
• Statutory declaration for completion by a Subcontractor or Supplier

Final Payment

• 65 Final Payment Schedule

Early use

• 68 Early use

Completion

• 69 Completion

After Completion

• 71 Defects after Completion

Notification of issue (Principal’s senior executive)

• 73A Appointment of the Principal’s senior executive
• 73B Appointment of a replacement Principal’s senior executive
• 73C Change to the Principal’s senior executive

Termination for Contractor’s Default or Insolvency

• 77A Notice to remedy a Contractor’s Default
• 77B Termination for Contractor’s Default
• 77C Termination for Contractor’s Insolvency