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AS4122-2010 Special Conditions
DIT Standard Form Documents
These contracts have been designed for DIT's own use under the supervision of experienced professionals. While other organisations may use or reference these contracts, DIT assumes no responsibility whatsoever to any other party in any matter associated with these contracts. DIT does not represent or warrant that the use of these contracts is suitable for any non-DIT project. Any organisation seeking to use these contracts must rely on its own enquiries and bears all risks associated with the use of these contracts. By downloading any document from this site, you acknowledge and agree to DIT's Website Disclaimer.
Current Version
This contract is to be used for DIT Professional Services:
April 2023 (Current Version)
AS4122-2010 Special Conditions (April 2023 version)
Special Conditions of Contract updates:
Clause | Comments |
---|---|
Clause 1 | Reinstatement of Deliverables definition. |
Clause 9 | Corrected subclause numbering within clause 9. |
New clause 10.4A(d), | New clause requiring all professional services Consultants to be Local Providers (defined in the Contract), in accordance with the Government’s election commitment. Failure to comply with this requirement will trigger a termination right for the Client. A Statutory Declaration has been introduced requiring the Consultant to confirm it is a Local Provider. |
Clause 12.11 | Correction of typographical error. |
Clause 41.3 | Updated clause to provide that the Industry Participation Reporting Period is 6 months, rather than 12 months. This is in accordance with Office of Industry Advocate requirements. |
New clause 49, Annexure item 35 and clause 1 – definition of Consultant Personnel | New clause for the requirement of background checks and any other clearances required for the engagement. Introduced new definition for Consultant’s Personnel. |
Annexure Item 11 | Updated Annexure item 11 to require Consultants to be paid within 15 calendar days from invoice, in accordance with the Government’s election commitments. |
Prior Versions
September 2022
AS4122-2010 Special Conditions (September 2022 Version)
Special Conditions of Contract updates:
Clause | Comments |
---|---|
Annexure Item 11 | Updated business days for time of payment. |
Annexure Item 26 | Amended professional indemnity insurance requirements. |
July 2022
AS4122-2010 Special Conditions (July 2022 Version)
Special Conditions of Contract updates:
Clause | Comments |
---|---|
Clause 20A.1 and 20A.2 | Added clause 20A amended clause 20A.2 to reference clause 20A.1 in relation to novation. |
Clause 41.2 | Updated link to Industry Participation Report form. |
Clause 44.3 and 44.4 | Added clauses to reflect contractor’s warranties identified in clause 45. |
Attachment 1 | Removed reference to economic contribution test in title. |
Attachment 5 | Amended Deed of Novation in Attachment 5. |
January 2022
AS4122-2010 Special Conditions (January 2022 Version)
Special Conditions of Contract updates:
Clause | Comments |
---|---|
Formal Instrument of Agreement | Reference to Rail Commissioner Act 2009 (SA) swapped with Highways Act 1926 (SA) in Client ABN and vice versa. |
Clause 1 | Added definition for Deed of Novation and added definition for Provisional Sum. |
Clause 10.1D | Added new clause 10.1D to allow payment of Provisional Sum only for services directed by the Client. |
Clause 20A | Added new clause 20A to require Consultant to enter into a deed of novation within 5 days of request from Client. |
Clause 38 and 38.4 | Amended work health and safety clause and added subclause 38.4. |
Attachment 5 | Amended Deed of Novation in Attachment 5. |