Page 3184 - Week 11 - Wednesday, 12 September 1990
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MINISTER FOR FINANCE AND URBAN SERVICES
LEGISLATIVE ASSEMBLY QUESTION
Public Works Contracts
QUESTION NO. 222
Mrs Grassby - asked the Minister for Finance and Urban Services
(1) Has the Ministers attention been drawn to the Head contract document NPWC Edition 3 and the standard sub-contract document SCNPWC Edition 3?
(2) Do both these documents have the approval of the Master Builders Association and the Australian Federation of Construction Contractors and are they the standard contract documents used by the Government for works contracts?
(3) Is the Minister aware that R and G Shelley Pty Ltd issued "special Conditions of Sub-Contract" with their standard (SCNPWC Edition 3) sub-contracts
(4) Has the Ministers attention been drawn to the fact that R and G Shelley Pty Ltds "Special Conditions of Sub-Contract" were noted as "for use with NPWC Edition 3 Head Contract" and "For use with SCNPWC Edition 3".
(5) Is the Minister able to state whether R and G Shelley Pty Ltd advised sub-contractors that if they did not sign the special conditions they would not be awarded contracts; of so, did special conditions have any industrial approval?
(6) Is the Minister able to state whether these "Special
Conditions of Sub-Contract" had the effect of overriding the
standard conditions of sub-contract set down in SCNPWC
Edition 3 and whether, in particular, they ensured that R and
G Shelley Pty Ltd were not liable for extra costs incurred by
sub-contractors due to time delays caused by R and G
Shelley.
(7j Does the Minister agree that such practices could be used to try to avoid paying sub-contractors the amounts they are owed; if not, why not?
Mr Duby - the answer to the Members question is as follows:
(1) Yes - head contract document NPWC Edition 3 is used by the ACT Government on ACT Public Works Contracts.
The ACT Government is also aware that some ACT Public Works Contractors use SCNPWC Edition 3.
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