Contract management - MW21

Introduction

Procurement Practice guidance material is provided to assist in managing MW21 construction contracts entered under the NSW Government Procurement System for Construction.
  • Procurement Practice Guides to assist in understanding the General Conditions of Contract.
  • Checklists to assist in the effective management of key requirements.
  • Contractual authorities to assist in the administration of a MW21 contract.
  • Sample letters to assist in taking appropriate action under certain clauses in the MW21 General Conditions of Contract are identified by the relevant clause number and title.

Procurement Practice Guides

Checklists

Contractual authorities

Sample letters

1A Appoint the Authorised Person or Senior Executive
1B Appoint a Replacement Authorised Person or Senior Executive
1C Advise the Contractor of a Change of Authorised Person
1D Advise the Contractor of a Change of Senior Executive
2A Issue a General Instruction
2B Instruct the Contractor to Continue Working
3A Respond to the Contractor's Design (no errors identified)
3B Respond to the Contractor's Design (errors identified)
3C Request Information Before Instructing Provisional Sum Work
3D Instruct Work Payable as a Provisional Allowance
4A Notify the Contractor of a Complaint of Loss or Damage
4B Acknowledge Receipt of a Third Party Complaint
4C Notify Unsatisfactory Conduct by a Person on the Site
4D Request the Contractor to Remove a Person from the Site
4E Notify the Contractor that Urgent Action Will be Taken
5A Request Evidence of Workers' Compensation Insurance
5B Request Evidence of Other Insurance Policies
5C Notify that the Principal Will Arrange Insurance for the Contractor
6A Instruct the Contractor to Stop Work and Meet Contract Requirements
6B Instruct the Contractor to Start Work Promptly
7A Advise that Site Conditions Are Not Considered Materially Adverse
7B Request Information to Support a Site Conditions Claim
7C Acknowledge Materially Adverse Site Conditions Where No Variation Applies
8A Instruct the Contractor to Uncover or Test Work
8B Instruct Rectification of Defects Identified by Uncovering or Testing
8C Propose Acceptance of Work With Defects Not Made Good
9A Respond to a Proposed Variation for the Contractor's Convenience
9B Request a Proposal for a Possible Variation
9C Respond to the Contractor's Proposal for a Possible Variation
9D Instruct a Variation
9E Request Information to Support a Claim for an Instructed Variation
9F Respond to Notification of the Effects of an Instructed Variation
10A Instruct the Contractor to Suspend Work
10B Instruct the Contractor to Resume Suspended Work
11A Respond to the Contractor's Notification of Completion
11B Notify Early Use by the Principal
12A Request Information to Support an Extension of Time Claim
12B Advise the Assessment of an Extension of Time Claim
12C Extend the Time for Completion in the Absence of a Claim
13A Issue a Payment Schedule
13B Request Information to Support a Payment Claim
13C Request Account Details for Payment by EFT
13D Notify the Principal's Intention to Deduct or Set-Off a Debt Due
13E Respond to a Receipt of an Unconditional Undertaking
13F Issue a Final Payment Schedule
13G Call Upon an Unconditional Undertaking
13H Release an Unconditional Undertaking
14A Instruct the Contractor to Make Good a Defect After Completion
14B Advise the Contractor of the Cost of Making Good a Defect
15A Request Information to Support a Claim
15B Advise the Assessment of a Claim from the Contractor
15C Advise that a Claim from the Contractor is Barred
16A Notify the Contractor and Senior Executive of a Dispute
16B Agree to Extend the Time to Resolve a Dispute
16C Appoint an Expert
16D Advise that a Dispute is Deemed to Have Been Abandoned
17A Give Notice of a Substantial Breach of the Contract
17B Request the Contractor to Confirm its Financial Position
17C Terminate the Contract
17D Notify that the Principal Will Take Over Carrying Out the Work
17E Demand Payment When the Principal Completes the Work
17F Advise of Payment Due to the Contractor When Work is Complete
18A Notify the Contractor of Termination for the Principal's Convenience
19A Respond to Notice of the Principal's Default