Project Delivery
- Publication no: AP-C104-19
- Published: 15 August 2019
- Edition: 1.1
- PDF (free) Download
General Conditions of Contract for Construction - National Capital Works 4 (NCW4) has been developed for use in “construct only” contracts where the principal is a government or semi-government agency. While users of Australian Standards Contracts AS2124 and AS4000 will be familiar with many of the concepts used, NCW4 adopts contemporary contract drafting practice and addresses legislation such as Security of Payment, Personal Property Securities, GST and Work Health and Safety.
NCW4 has annexures, which are completed for a specific contract, as follows:
- Annexure A: Contract Particulars
- Annexure B: Commercial Framework
- Annexure C: Subcontracting Framework (optional)
- Annexure D: Alternative dispute Resolution (optimal)
NCW4 is accompanied by a set of Explanatory Notes which provide background and commentary for each clause in NCW4.
Conditions of Subcontract for Construction have also been developed, although their use is optional under NCW4. The risk allocation in these Conditions of Subcontract is “back to back” with NCW4.
It is expected that each state and territory using NCW4 will amend to address local legislation and policy and publish a State based NCW4. The APCC website will host both the Master version and links to State versions where they exist.
In August 2019 version 1.1 of the documentation was published. Version 1.1 includes:
- Clause 2: correction in the definition of a selected subcontractor
- Clause 16(a)(iv): revised text for clarification
- Clause 47.1(a): additional text to address the situation if the Superintendent fails deliver its decision on time.
Supporting Documents
NCW4 Explanatory Notes [PDF]
NCW4 Annexures [PDF]
NCW4 Annexures [Word]
Version 1.1 includes:
- Clause 2: correction in the definition of a selected subcontractor
- Clause 16(a)(iv): revised text for clarification
- Clause 47.1(a): additional text to address the situation if the Superintendent fails deliver its decision on time.
- 1 CONSTRUCTION OF CONTRACT
- 2 DEFINED TERMS AND INTERPRETATION
- 2.1 Defined terms
- 2.2 Interpretation
- 3 CONTRACTOR’S WARRANTIES
- 3.1 General
- 3.2 Joint and several liability
- 3.3 Collusive arrangements
- 4 COOPERATION
- 5 SECURITY
- 5.1 Provision of security
- 5.2 Reduction and release of security
- 5.3 Deed of guarantee, undertaking and substitution
- 6 THE CONTRACT
- 6.1 Evidence of contract
- 6.2 Formal instrument of agreement
- 6.3 No waiver
- 7 SERVICE OF NOTICES
- 7.1 Notice requirements
- 7.2 Time of receipt
- 7.3 Notice details
- 7.4 Service of claims under a SOP Act
- 8 CONTRACT DOCUMENTATION AND INFORMATION
- 8.1 General
- 8.2 Errors, ambiguities and discrepancies
- 8.3 Principal’s documents
- 8.4 Contractor’s documents
- 8.5 Availability
- 8.6 Confidential information
- 8.7 Contractor’s obligations unaffected
- 8.8 Design by Contractor
- 9 ASSIGNMENT AND SUBCONTRACTING
- 9.1 General
- 9.2 Novation
- 10 SELECTED SUBCONTRACTORS
- 11 PROVISIONAL SUMS AND PROVISIONAL QUANTITIES
- 12 SITE CONDITIONS
- 12.1 General
- 12.2 Notification of a latent condition
- 12.3 Valuation of additional costs
- 12.4 Extension of time
- 13 PATENTS, COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
- 14 STATUTORY REQUIREMENTS
- 14.1 Complying with statutory requirements
- 14.2 Changes in statutory requirements
- 14.3 Licences, registrations, permits, approvals and certificates
- 15 SAFETY
- 16 PREVENTION AND REINSTATEMENT OF DAMAGE
- 17 INDEMNITIES
- 17.1 Contractor’s indemnity
- 17.2 Principal’s indemnity
- 18 PRINCIPAL ARRANGED INSURANCE
- 19 CONTRACTOR ARRANGED INSURANCE
- 20 OTHER INSURANCE
- 21 INSURANCE CLAIMS
- 21.1 Management of insurance claims
- 21.2 Settlement of insurance claims
- 21.3 Excesses or deductibles
- 22 SEPARABLE PORTIONS
- 23 SUPERINTENDENT
- 24 SUPERINTENDENT’S REPRESENTATIVE
- 25 CONTRACTOR'S REPRESENTATIVE
- 26 CONTROL OF CONTRACTOR'S EMPLOYEES AND SUBCONTRACTORS
- 27 SITE
- 27.1 Possession of site
- 27.2 Access to the site for the Principal and others
- 27.3 Delivery of materials
- 27.4 Discovery of items of value
- 28 CARRYING OUT THE WORKS
- 28.1 Setting out the works
- 28.2 Interference, nuisance and disturbance
- 28.3 Publicity
- 29 MATERIALS, LABOUR AND CONSTRUCTIONAL PLANT
- 30 MATERIALS AND WORK
- 30.1 Quality of materials and work
- 30.2 Defective work
- 30.3 Acceptance of defective work
- 30.4 Other rights of the Principal
- 30.5 Suppliers' and manufacturers' warranties
- 30.6 Quality assurance
- 31 TESTING
- 31.1 Responsibility for testing
- 31.2 Results of tests
- 31.3 Costs of testing
- 31.4 Testing during the defects liability period
- 32 WORKING DAYS AND WORKING HOURS
- 33 PROGRESS AND PROGRAMMING OF THE WORKS
- 33.1 Contract program
- 33.2 Progress of the work
- 33.3 Acceleration
- 34 SUSPENSION OF THE WORKS
- 34.1 Superintendent’s suspension
- 34.2 Contractor’s suspension
- 34.3 Cost of suspension
- 35 TIME
- 35.1 Commencement of work
- 35.2 Practical completion
- 35.3 Extension of time
- 35.4 Liquidated damages
- 36 DELAY COSTS
- 37 DEFECTS LIABILITY
- 38 CLEANING UP
- 39 URGENT PROTECTION
- 40 VARIATIONS AND VALUATION OF WORK
- 40.1 Variations to the work under the Contract
- 40.2 Proposed variations
- 40.3 Valuation of variations
- 40.4 Variations for the Contractor’s convenience
- 40.5 Valuation
- 41 DAYWORK
- 42 CERTIFICATES AND PAYMENTS
- 42.1 Payment claims and payment schedules
- 42.2 Correction of payment schedules
- 42.3 Retention moneys
- 42.4 Unfixed plant and materials
- Alternative 1
- Alternative 2
- 42.5 Certificate of practical completion
- 42.6 Contractor's final payment claim
- 42.7 Final payment schedule
- 42.9 Set-off
- 43 PAYMENT OF WORKERS AND SUBCONTRACTORS
- 43.1 Subcontractors and workers
- 43.2 Entitlement to payment
- 43.3 Direct payment
- 44 DEFAULT OR INSOLVENCY
- 44.1 Preservation of other rights
- 44.2 Termination for Contractor’s default or insolvency
- 44.3 Termination for Principal’s default
- 44.4 Termination notices
- 44.5 Rights of the parties on termination
- 44.6 Survival
- 45 TERMINATION BY FRUSTRATION
- 46 CLAIMS
- 47 DISPUTE RESOLUTION
- 47.1 Notice of dispute
- 47.2 Meeting of representatives
- 47.3 Alternative 1 – Arbitration
- 47.4 Alternative 2 – Expert Determination
- 47.5 Alternative 3 – Alternative Dispute Resolution
- 47.6 Alternative 4 – Litigation
- 47.7 Summary relief
- 48 GOODS AND SERVICES TAX