Long and Short Form. Contracts



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www.pwc.com.au Model Forms of Contract and Contract Administration Tools Long and Short Form Model Forms of Contract and Contract Administration Tools Contracts Damian McNair 12 February 2016

Reference Materials 1. Investing in Infrastructure, International Best Practice in Project and Construction Agreements (Book and App versions) 2. Comparative Analysis of Key Project Issues in Infrastructure Projects 3. Tender Evaluation Procedures 4. Contracting and Procurement Plan 5. Risk Register and Action Plan 6. Procedures and Guidelines Manuel 32091211v1 page 3

Model Forms of Contract and Contract Administration Tools Section A: Long Form Contracts Doc No. Document Name Engineering, Procurement and Installation / Construction Contracts 1. PwC Engineering, Procurement and Installation Contract Updated Model Form Notes on Use (2) 2. PwC Engineering, Procurement and Installation Contract Updated Model Form 3. PwC Engineering, Procurement and Installation Contract Updated Model Form Contract Summary 4. PwC Engineering, Procurement and Installation Contract Updated Model Form Risk Allocation Table 5. PwC Engineering, Procurement and Installation Contract Updated Model Form- Invitation to Tender Volume 1 6. PwC Engineering, Procurement and Installation Contract Model Form Tender Letter 7. PwC Engineering, Procurement and Installation Contract Updated Flowcharts Notes on Use 8. PwC Engineering, Procurement and Installation Contract Updated Model Form Flowchart Variations GC 35 9. PwC Engineering, Procurement and Installation Contract Updated Model Form Flowchart Tests and Performance Tests GC 24-1 to 24-12 10. PwC Engineering, Procurement and Installation Contract Updated Model Form Flowchart Termination for Owner s Default GC 39-5 to 39-6 11. PwC Engineering, Procurement and Installation Contract Updated Model Form Flowchart Termination for Convenience under the Implementation Agreement GC 39-3, 39-4 and 39-7 12. PwC Engineering, Procurement and Installation Contract Updated Model Form Flowchart Termination for Contractors Default GC 39-1 - 39-2 13. PwC Engineering, Procurement and Installation Contract Updated Model Form Flowchart Procedure on Termination for the Contractor s Default GC 39-9 to 39-18 14. PwC Engineering, Procurement and Installation Contract Updated Model Form Flowchart Procedures on Termination for other Events GC 39-12 to 39-18 (January 15. PwC Engineering, Procurement and Installation Contract Updated Model Form Flowchart Practical Completion GC 24-14 to 24-19 16. PwC Engineering, Procurement and Installation Contract Updated Model Form Flowchart Payment GC 12 and Appendix 6 17. PwC Engineering, Procurement and Installation Contract Updated Model Form Flowchart Pass Through and Linked Entitlement GC 42 18. PwC Engineering, Procurement and Installation Contract Updated Model Form Flowchart Extension of Time GC 36 32091211v1 page 4

Section A: Long Form Contracts 19. PwC Engineering, Procurement and Installation Contract Updated Model Form Flowchart Dispute Resolution GC 5 20. PwC Engineering, Procurement and Installation Contract Updated Model Form Flowchart Delay Costs GC 37 21. PwC Engineering, Procurement and Installation Contract Updated Model Form Flowchart Alteration of Performance Guarantees due to a Variation GC 35-7 22. PwC Engineering, Procurement and Installation Contract Updated Model Form Proforma Notices Notes on Use 23. PwC Engineering, Procurement and Installation Contract Updated Model Form Notices Design and Construction Contracts 24. PwC Design and Construction Contract Updated Model Form Notes on Use 25. PwC Design and Construction Contract Updated Model Form 26. PwC Design and Construction Contract Updated Model Form Contract Summary 27. PwC Design and Construction Contract Updated Model Form Risk Allocation Table 28. PwC Design Construct Contract Updated Model Form Invitation to Tender Volume 1 29. PwC Design and Construction Contract Model Form Tender Letter (January 30. PwC Design and Construction Contract Updated Model Form Flowcharts Notes on Use 31. PwC Design and Construction Contract Updated Model Form Proforma Notices on Use 32. PwC Design and Construction Contract Updated Model Form Notices (January 33. PwC Design and Construction Contract Updated Model Form Flowchart Testing GC 24-1 to 24-11 34. PwC Design and Construction Contract Updated Model Form Flowchart Variation GC 33 35. PwC Design and Construction Contract Updated Model Form Flowchart Termination for Owner s Default GC 38-5 to 38-6 36. PwC Design and Construction Contract Updated Model Form Flowchart Termination for Convenience GC 38-3, 38-4 and 38-7 37. PwC Design and Construction Contract Updated Model Form Flowchart Termination for Contractors Default GC 38-1 38-2 38. PwC Design and Construction Contract Updated Model Form Flowchart Procedures on Termination for the Contractor s Default GC 38-9 to 38-18 (January 39. PwC Design and Construction Contract Updated Model Form Flowchart 32091211v1 page 5

Section A: Long Form Contracts Procedures on Termination for other Events GC 38-12 to 38-18 40. PwC Design and Construction Contracts Updated Model Form Flowchart Practical Completion GC 24-14 to 24-17 41. PwC Design and Construction Contract Updated Model Form Flowchart Payment GC 12 and Appendix 6 42. PwC Design and Construction Contract Updated Model Form Flowchart Pass Through and Linked Entitlement GC 41 43. PwC Design and Construction Contract Updated Model Form Flowchart Extension of Time GC 35 44. PwC Design and Construction Contract Updated Model Form Flowchart Dispute Resolution GC 5 45. PwC Design and Construction Contract Updated Model Form Flowchart Delay Costs GC 36 Construction Contracts 46. PwC Construction Contract Updated Model Form Notes on Use 47. PwC Construction Contract Updated Model Form 48. PwC Construction Contract Updated Model Form Contract Summary (January 49. PwC Construction Contract Updated Model Form Risk Allocation Table (January 50. PwC Construction Contract Updated Model Form Invitation to Tender Volume 1 51. PwC Construction Contract Updated Model Form Tender Letter 52. PwC Construction Contract Updated Model Form Flowcharts Notes on Use 53. PwC Construction Contract Updated Model Form Flowchart Testing GC 23-1 to 23-11 54. PwC Construction Contract Updated Model Form Notices 55. PwC Construction Contract Updated Model Form Notices Notes on Use 56. PwC Construction Contract Updated Model Form Flowchart Variations GC 33 57. PwC Construction Contract Updated Model Form Flowchart Termination for Owner s Default GC 37-5 to 37-6 58. PwC Construction Contract Updated Model Form Flowchart Termination for Convenience GC 37-3 37-4 37-7 59. PwC Construction Contract Updated Model Form Flowchart Termination for Contractors Default GC 37 60. PwC Construction Contract Updated Model Form Flowchart Procedures on Termination for other Events GC 37-12 to 37-18 32091211v1 page 6

Section A: Long Form Contracts 61. PwC Construction Contract Updated Model Form Flowchart Practical Completion GC 23-14 to 23-16 62. PwC Construction Contract Updated Model Form Flowchart Payment GC 11 and Appendix 6 63. PwC Construction Contract Updated Model Form Flowchart Extension of Time GC 34 64. PwC Construction Contract Updated Model Form Flowchart Dispute Resolution GC 5 65. PwC Construction Contract Updated Model Form Flowchart Delay Costs GC 35 66. PwC Construction Contract Updated Model Form Flowchart CC Pass Through and Linked Entitlement GC 40 Supply Contracts 67. PwC Supply Contract Updated Model Form Notes on Use 68. PwC Supply Contract Updated Model Form 69. PwC Supply Contract Updated Model Form Contract Summary 70. PwC Supply Contract Updated Risk Allocation Table 71. PwC Supply Contract Updated Model Form Notices 72. PwC Supply Contract Updated Model Form Proforma Notices Notes on Use 73. PwC Supply Contract Updated Model Form Invitation to Tender Volume 1 74. PwC Supply Contract Updated Model Form Tender Letter 75. PwC Supply Contract Updated Model Form Flowcharts Notes on Use (January 76. PwC Supply Contract Updated Model Form Flowchart Variations GC 32 77. PwC Supply Contract Updated Model Form Flowcharts Tests and Performance Tests GC 22-1 to 22-12 78. PwC Supply Contract Updated Model Form Flowchart Termination for other Default GC 38-5 to 38-6 79. PwC Supply Contract Updated Model Form Flowchart Termination for other Events GC 36-11 to 36-17 80. PwC Supply Contract Updated Model Form Flowchart Termination for Convenience and Prolonged Force Majeure GC 38-3 38-4 38-7 81. PwC Supply Contract Updated Model Form Flowchart Suppliers Default GC 36-1 to 36-2 32091211v1 page 7

Section A: Long Form Contracts 82. PwC Supply Contract Updated Model Form Flowchart Procedures on Termination for the Supplier s Default GC 36-9 to 36-18 83. PwC Supply Contract Updated Model Form Flowchart Pass Through and State Linked Entitlement GC 39 84. PwC Supply Contract Updated Model Form Flowchart Extension of Time GC 33 85. PwC Supply Contract Updated Model Form Flowchart Dispute Resolution GC 5 86. PwC Supply Contract Updated Model Form Flowchart Delay Costs GC 34 87. PwC Supply Contract Updated Model Form Flowchart Alteration of Performance Guarantees due to a Variation GC 34-7 88. PwC Supply Contract Updated Model Form Flowchart Acceptance GC 22-14 to 22-16 89. PwC Supply Contract Model Form Updated Flowchart Payment GC 12 and Appendix 6 Example Packages 90. PwC Example Package Prequalification document 91. PwC Example Package Invitation to Tender Letter 92. PwC Example Package EOI document 93. PwC Example Package Detailed Invitation to Tender Volume 1 94. PwC Example Package Construction Contract Tender Draft 32091211v1 page 8

Section B: Short Form Contracts 95. PwC General Purchase Order Model Form Notes on Use 96. PwC General Purchase Order Model Form 97. PwC Minor Purchase Order Model Form - Notes on Use 98. PwC Minor Purchase Order Model Form 99. PwC Minor Services Contract No Set Completion Date Model Form Final Draft 100. PwC Minor Services Contract No Set Completion Date Model Form Notes on Use 101. PwC Umbrella Deed for Minor Services Model Form 102. PwC Umbrella Deed for Minor Works Model Form 103. PwC Minor Supply Contract Model Form Final Draft 104. PwC Minor Supply Contract Model Form Notes on Use 105. PwC Minor Supply and Install Contract Model Form Final Draft 106. PwC Minor Supply and Install Contract Model Form Notes on Use (January 107. PwC Minor Design Supply and Install Contract Model Form Final Draft (January 108. PwC Minor Design Supply and Install Contract Model Form Notes on Use 109. PwC Minor Works Contract Model Form Final Draft 110. PwC Minor Works Contract Model Form Notes on Use 32091211v1 page 9