Buildings - AS4300 - Early Contractor Involvement/TFP (ECI/TFP)

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Link to current version:
AS4300-1995 Special Conditions ECI
Current Update: Version 10A, April 2025

Current Contract Amendments

Clause	Comments
Clause 2	Clause 2 - Interpretation New definitions added for “Arrangement”, “Declared Organisation”, “Fixed Preliminaries Fee”, “Irrelevant Factor”, “List of Outstanding Items”, and “Outstanding Items.”
Clause 3.8	Clause 3.8 – Total Fixed Price Offer and Performance Management System Clause 3.8 (d) – added the following to control variabilities to fixed preliminaries tendered. i. any Early Works Fees; ii. Fixed Preliminaries Fee, but on the basis that: 1. The Contractor must not increase the amount specified for the Fixed Preliminaries Fee in the TPF Offer from the amount submitted in the Tender Form and identified in Annexure Item 2D unless there are material changes to the scope of the Works which result in a material effect on the direct cost to the Contractor including labour, materials and plant to complete the Contractor’s obligations under the Contract provided that all increases are reasonable and proportional to the change in circumstances; and 2. A failure to comply with clause 3.8(d)(iii)1. will constitute a Contractor’s Default under clause 44.2;
Clause 3.10	Clause 3.10 – Rejection of TFP Offer After “Stage Two”, added “(including the obligation to pay the Fixed Preliminaries Fee) to be more specific.
Clause 5.8	Clause 5.8 - Reduction of Security and Retention Moneys Amended Subclause 5.8.1 and amended Subclause 5.8.2 as follows: “5.8 Reduction of Security 5.8.1 Upon the later of: (a) the Date of Practical Completion of all of the Works under the Contract; (b) the rectification of defects and omissions in the work under the Contract notified to the Contractor at or prior to the date of the Certificate of Practical Completion has been completed as required by the Superintendent (acting reasonably), (c) the date on which the Contractor has given to the Superintendent all operating manuals, warranties and guarantees for the Works; and( (d) the date on which the Contractor completes all Outstanding Items as identified pursuant to clause 42.5, the Principal’s entitlement to security and retention monies will be reduced to 1% of the Contract Sum. The Principal shall, within 14 days of the entitlement reduction, release security and retention moneys in excess of the entitlement. 5.8.2 Notwithstanding clause 5.8.1, at the Superintendent’s discretion, if in the opinion of the Superintendent that it is reasonable to further reduce the Principal’s entitlement to security, that entitlement shall be reduced to the amount which the Superintendent determines to be reasonable. The Principal will release security in excess of the entitlement within 14 days of the entitlement being so reduced.”
Clause 8.9	Contractor’s Consultants changed to Contractor’s Consultants in this Clause and throughout the contract (in Upper Case).
Clause 9.2	Added after paragraph 4, provisions requiring all subcontracts to: * include provisions equivalent to clause 66 (Modern Slavery), 67 (Fraud Control) and 68 (Anti-Corruption) * Incorporate security provisions which align with those set out in clause 5 and the value of subcontractor security must not exceed a total of 3% of the subcontract sum.
Clause 26.4	Clause 26.4 Respectful Behaviour Replaced clause to align with shift towards gender-based violence (previous clause addressed violence against women) and zero tolerance towards all forms of acceptable behaviours.
Clause 42.1	Clause 42.1 Payment Claims, Certificates, Calculations and Time for Payment Insert new paragraph at the end of clause 42.1: “Add to the end of clause 42.1 add “The Principal shall not make payment for any Outstanding Items identified pursuant to clause 42.5 until such time as they are completed by the Contractor.“
Clause 42.5	Clause 42.5 Final Payment Claim Added the following to give the Superintendent more control over the final payment:
	“The Superintendent may in its absolute discretion attach a List of Outstanding Items to the Certificate of Practical Completion. The List of Outstanding Items must identify all Outstanding Items which must be executed, remedied, addressed or completed by the Contractor, and the timeframes for completion of each item. The Contractor must complete the Outstanding Items within the timeframes in the List of Outstanding Items, and otherwise, to the satisfaction of the Superintendent.”
Clause 44.2	Clause 44.2 Default by the Contractor At the end of the clause 44.2(m), added failure to comply with new clauses in relation to Modern Slavery, fraud control and corruption. (n) failing to comply in part or in whole with the requirements of subclauses 69.1 and 69.3 in relation to fraud control; or (0) failing to comply in part or in whole with the requirements of subclauses 70.2 to 70.5 (inclusive) in relation to corruption.
Clause 52	Authorities Schedule 1A Added clause 70 and 71 to the end of the table Authorities Schedule 1D Added clause 72 to the end of the table.
Clause 69	Clause 69 Modern Slavery New Clause added in relation to modern slavery.
Clause 70	Fraud Control New Clause to added in relation to fraud Control.
Clause 71	Anti-Corruption New Clause added in relation to anti-corruption.
Clause 72	Audit New Clause providing the Principal with audit rights.
Annexure	Added Item 2D Fixed Preliminaries Fee Amended Item 13 Stage 2 updated to – “3% of the Contract Sum (GST exclusive portion) to be provided as 2 separate undertakings, with values of 2% and 1% of the Contract Sum.”