合同通用条款

AS 2124—1992

with

AS 2125—1992

AS 2127—1992

(Incorporating Amendment No. 1)

Australian Standard^®

General conditions of contract (AS 2124—1992)

together with

General conditions of tendering and form of tender (AS 2125—1992)

Form of formal instrument of agreement (AS 2127—1992)

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AS IS

内部资料

仅供参考

张忠辉惠存

禁止一切非法目的和活动行为，否则后果自负。

NOT FOR PUBLIC RELEASE

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This Australian Standard was prepared by Committee OB/3, General Conditions of Contract. It was approved on behalf of the Council of Standards Australia on 24 December 1992 and published on 31 December 1992.

The following interests are represented on Committee OB/3:

• Australian Chamber of Commerce and Industry
• Australian Electrical and Electronic Manufacturers Association
• Australian Federation of Construction Contractors
• Australian Institute of Project Management
• Australian Institute of Purchasing and Supply Management
• Australian Institute of Quantity Surveyors
• Australian Mining Industry Council
• Austroads
• Construction Industry Engineering Services Group
• Electricity Supply Association of Australia
• Institution of Engineers Australia
• Law Council of Australia
• Master Builders Construction and Housing Association of Australia
• Metal Trades Industry Association of Australia
• National Public Works Council
• Process Engineers and Constructors Association
• Railways of Australia Committee
• Royal Australian Institute of Architects
• The Association of Consulting Engineers Australia

Review of Australian Standards. To keep abreast of progress in industry, Australian Standards are subject to periodic review and are kept up to date by the issue of amendments or new editions as necessary. It is important therefore that Standards users ensure that they are in possession of the latest edition, and any amendments thereto.

Full details of all Australian Standards and related publications will be found in the Standards Australia Catalogue of Publications; this information is supplemented each month by the magazine 'The Australian Standard', which subscribing members receive, and which gives details of new publications, new editions and amendments, and of withdrawn Standards.

Suggestions for improvements to Australian Standards, addressed to the head office of Standards Australia, are welcomed. Notification of any inaccuracy or ambiguity found in an Australian Standard should be made without delay in order that the matter may be investigated and appropriate action taken.

This Standard was issued in draft form for comment as DR 92053.

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AS 2124—1992

with

AS 2125—1992

AS 2127—1992

(Incorporating Amendment No. 1)

Australian Standard®

General conditions of contract (AS 2124—1992)

together with

General conditions of tendering and form of tender (AS 2125—1992)

Form of formal instrument of agreement (AS 2127—1992)

AS 2124

First published as part of AS CA24—1952.

Revised and redesignated in part as AS CA24.1—1964.

Second edition 1973.

Revised and redesignated AS 2124—1978.

Second edition 1981.

Third edition 1986.

Fourth edition 1992.

AS 2125

First published as part of AS CA24—1952.

Revised and redesignated in part as AS CA24.2—1964 and AS CA24.3—1964.

AS CA24.2—1964 revised and redesignated AS 2125—1978.

AS CA24.3—1964 revised and redesignated AS 2126—1978.

Second edition AS 2125—1981.

Second edition AS 2126—1981.

AS 2125—1981 and AS 2126—1981 revised, amalgamated and designated AS 2125—1986.

Third edition 1992.

AS 2127

First published as AS 2127—1978.

Second edition 1981.

Third edition 1986.

Fourth edition 1992.

Reissued incorporating Amendment No. 1 (October 2000)

PUBLISHED BY STANDARDS AUSTRALIA (STANDARDS ASSOCIATION OF AUSTRALIA)

1 THE CRESCENT, HOMEBUSH, NSW 2140

ISBN 0 7262 8083 6

PREFACE

These editions of AS 2124, AS 2125 and AS 2127 (bound together) were prepared by the Standards Australia Committee on General Conditions of Contract. While these are the latest editions, the 1986 editions remain as current Standards, the 1981 editions remain as available superseded Standards and the 1978 editions are withdrawn.

In the preparation of this edition of AS 2124, recommendations contained in the report by the National Public Works Conference/National Building and Construction Council Joint Working Party publication NO DISPUTE (May 1990) have been taken into account.

Clauses prefixed by an asterisk are optional, and may be omitted in the Contract as necessary, without making consequential amendments; but such omission should be clearly shown on the face of the Contract by striking out these clauses or indicating clearly elsewhere that they are not to apply.

The attention of users of this Standard is drawn to the separate document Doc 2124N, Notes on changes in the General Conditions of Contract 4th edition (AS 2124—1992) as compared with the 3rd edition (AS 2124—1986) which indicates the changes of major importance which have been made in the 1992 edition.

WARNING: Users of this Australian Standard are warned that Clause 17 (damage to persons and property) does not limit the liability of parties for special, indirect or consequential losses.

This unlimited liability overrides any limitations or exclusions permitted under Insurance Clauses 18 (Insurance of the Works) and 19 (Public Liability Insurance).

Parties wishing to limit their liability should seek insurance and legal advice before entering a contract under this Standard.

This Standard incorporates Amendment No. 1 (October 2000). The changes required by the Amendment are indicated in the text by a marginal bar and amendment number against the clause, note, table, figure or part thereof affected.

WARNING

Legislation has come into force in some jurisdictions dealing with security of payments. Parties intending to use this Standard should seek expert advice as to their rights and obligations under such legislation.

© Copyright — STANDARDS AUSTRALIA

Users of Standards are reminded that copyright subsists in all Standards Australia publications and software. Except where the Copyright Act allows and except where provided for below no publications or software produced by Standards Australia may be reproduced, stored in a retrieval system in any form or transmitted by any means without prior permission in writing from Standards Australia. Permission may be conditional on an appropriate royalty payment. Requests for permission and information on commercial software royalties should be directed to the head office of Standards Australia.

Standards Australia will permit up to 10 percent of the technical content pages of a Standard to be copied for use exclusively in-house by purchasers of the Standard without payment of a royalty or advice to Standards Australia.

Standards Australia will also permit the inclusion of its copyright material in computer software programs for no royalty payment provided such programs are used exclusively in-house by the creators of the programs.

Care should be taken to ensure that material used is from the current edition of the Standard and that it is updated whenever the Standard is amended or revised. The number and date of the Standard should therefore be clearly identified.

The use of material in print form or in computer software programs to be used commercially, with or without payment, or in commercial contracts is subject to the payment of a royalty. This policy may be varied by Standards Australia at any time.

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CONTENTS

		Page
1	CONSTRUCTION OF CONTRACT	5
2	INTERPRETATION	5
3	NATURE OF CONTRACT	7
4	BILL OF QUANTITIES	7
5	SECURITY, RETENTION MONEYS AND PERFORMANCE UNDERTAKINGS	8
6	EVIDENCE OF CONTRACT	10
7	SERVICE OF NOTICES	11
8	CONTRACT DOCUMENTS	11
9	ASSIGNMENT AND SUBCONTRACTING	12
10	SELECTED AND NOMINATED SUBCONTRACTORS	13
11	PROVISIONAL SUMS	15
12	LATENT CONDITIONS	15
13	PATENTS, COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS	16
14	STATUTORY REQUIREMENTS	16
15	PROTECTION OF PEOPLE AND PROPERTY	17
16	CARE OF THE WORK AND REINSTATEMENT OF DAMAGE	17
17	DAMAGE TO PERSONS AND PROPERTY OTHER THAN THE WORKS	18
18	INSURANCE OF THE WORKS	19
19	PUBLIC LIABILITY INSURANCE	19
20	INSURANCE OF EMPLOYEES	20
21	INSPECTION AND PROVISIONS OF INSURANCE POLICIES	20
22	CLERK OF WORKS AND INSPECTORS	21
23	SUPERINTENDENT	21
24	SUPERINTENDENT'S REPRESENTATIVE	21
25	CONTRACTOR'S REPRESENTATIVE	22
26	CONTROL OF CONTRACTOR'S EMPLOYEES AND SUBCONTRACTORS	22
27	SITE	22
28	SETTING OUT THE WORKS	23
29	MATERIALS, LABOUR AND CONSTRUCTIONAL PLANT	23
30	MATERIALS AND WORK	24
31	EXAMINATION AND TESTING	25
32	WORKING HOURS	26
33	PROGRESS AND PROGRAMMING OF THE WORKS	26
34	SUSPENSION OF THE WORKS	27
35	TIME FOR COMMENCEMENT AND PRACTICAL COMPLETION	27
36	DELAY OR DISRUPTION COSTS	30
37	DEFECTS LIABILITY	30
38	CLEANING UP	30
39	URGENT PROTECTION	31
40	VARIATIONS	31
41	DAYWORK	32
42	CERTIFICATES AND PAYMENTS	33
43	PAYMENT OF WORKERS AND SUBCONTRACTORS	35
44	DEFAULT OR INSOLVENCY	36
45	TERMINATION BY FRUSTRATION	39
46	TIME FOR NOTIFICATION OF CLAIMS	39
47	DISPUTE RESOLUTION	40
48	WAIVER OF CONDITIONS	41

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