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Public Sector Standard Conditions of Contract for Construction Works 2005: A Commentary

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The author of this work seeks to inform the users of the standard form of their respective contractual position with regard to each and every clause. First published in 2000, the work served as an effective guide in offering readers a comprehensive and perceptive understanding of the Public Sector Standard Conditions of Contract for Construction Works (PSSCOC).

In 2005, the Building and Construction Industry Security of Payment Act 2004 (SOP Act) came into operation. It changed the way progress payments were made and enforced in the construction industry. The Act prescribed a statutory payment scheme and adjudication to resolve payment disputes. Consequently, the PSSCOC 1999 was amended to be compliant with the Act.

The 2005 edition thus encapsulates changes in the 2004 and 2005 editions of the PSSCOC including those affecting joint and several liability, day works and mediation.

This edition will be an indispensable tool to all construction and legal practitioners who need a detailed understanding of parties’ respective rights and obligations and remedies and liabilities in the light of the amendments made to the 1999 edition in compliance with the SOP Act.

Important Features:
· Offers a user-friendly format to explain the PSSCOC: presenting first a discussion of the principles affecting the interpretation and application of the PSSCOC followed by the intention and purpose of a clause and thereafter a clear interpretation of the provision itself

· Provides a clear discussion of all parties’ rights, obligations and liabilities under the PSCCOC after the implementation of the SOP Act

· Key local and commonwealth decisions are included to provide an up-to-date and a comprehensive discussion of the principles affecting the PSSCOC

Table of Contents

· Clause 1: Definitions and Interpretation
· Clause 2: Superintending Officer and Superintending Officer’s Representative
· Clause 3: Contract Documents
· Clause 4: General Obligations of the Contractor
· Clause 5: Sub-Surface and Ground Conditions
· Clause 6: Permanent Works Designed by the Contractor
· Clause 7: Notices and Fees
· Clause 8: Setting Out
· Clause 9: Programme for the Works
· Clause 10: Quality in Construction
· Clause 11: Administration
· Clause 12: Possession of Site and Commencement of Works
· Clause 13: Suspension
· Clause 14: Time for Completion
· Clause 15: Expediting Progress of Works
· Clause 16: Liquidated Damages
· Clause 17: Substantial Completion
· Clause 18: Defects
· Clause 19: Variations to the Works
· Clause 20: Valuation of Variations
· Clause 21: Measurement
· Clause 22: Claims for Loss and Expense
· Clause 23: Procedure for Claims
· Clause 24: Construction Equipment, Temporary Works, Materials and Goods
· Clause 25: General Responsibilities
· Clause 26: Indemnity Provisions
· Clause 27: Insurance for Personal Injury, Workmen’s Compensation and Property Damage
· Clause 28: Insurance of the Works
· Clause 29: Damage to Property of Employment or Government
· Clause 30: Assignment and Subcontracting
· Clause 31: Termination by the Employer
· Clause 32: Progress Payments and Final Account
· Clause 33: Final Completion Certificate
· Clause 34: Settlement of Disputes
· Clause 35: Recovery by the Employer
· Clause 36: Governing Law and Notices