Subcontractor & Supplier
Terms & Conditions

Last updated 06/2024


Concepts & Construction Pty Ltd trading as Final Design Landscapes
ABN 23 644 032 057
Subcontract Terms and Conditions for the Supply of Services and/or Goods

1. DEFINITIONS

In this Subcontract, unless the context otherwise requires:

  • Builder means Concepts & Construction Pty Ltd trading as Final Design Landscapes (ABN 23 644 032 057).

  • Subcontractor means the party or entity to whom the Purchase Order is issued.

  • Works means the work to be carried out by the Subcontractor as described in the Purchase Order, including any approved Variations.

  • Purchase Order means the purchase order issued by the Builder to the Subcontractor in relation to the Works.

  • Completion Date means the date described in the Purchase Order.

  • Days means working days.

  • Defects Liability Period means a period of twelve (12) months from the date of practical completion of the Works.

  • Site means the location described as the “Job Address” on the Purchase Order.

  • Variation means any change to the Works, including additional, omitted or altered works.

  • Head Contract means any contract between the Builder and its client that includes the Works as part of its scope.

2. COMPLETE AGREEMENT

This Subcontract forms the complete agreement between the Builder and the Subcontractor and supersedes all prior communications or understandings, whether written or verbal, relating to the Works.

3. PERFORMANCE OF WORKS

The Subcontractor must:

  1. Carry out and complete the Works:

    • to the reasonable satisfaction of the Builder;

    • in a proper, skillful and workmanlike manner;

    • in accordance with all relevant laws, codes, and Australian Standards;

    • using materials that are fit for purpose and approved by the Builder;

    • by the Completion Date; and

    • in accordance with any directions reasonably given by the Builder.

  2. Co-operate with all workers and other contractors on Site.

  3. Immediately seek clarification from the Builder upon identifying any inconsistency in plans or specifications.

  4. Supply all materials, equipment and labour necessary to complete the Works unless otherwise agreed.

  5. Ensure full compliance with all occupational health and safety laws and site requirements.

  6. Maintain all required Job Safety Analysis (JSA) documentation and provide evidence on request.

  7. Keep the Site safe, clean and tidy at all times.

  8. Repair or make good any damage caused by the Subcontractor or its personnel.

  9. Remove all tools, equipment, waste and debris upon completion or when directed by the Builder.

  10. Not assign or subcontract any portion of the Works without prior written approval from the Builder.

4. COMMENCEMENT AND COMPLETION

  1. The Subcontractor must commence and complete the Works by the dates specified in the Purchase Order or as directed in writing by the Builder.

  2. If the Subcontractor fails to complete the Works by the Completion Date, the Subcontractor shall pay or allow the Builder:

    • Liquidated damages at a rate specified in the Purchase Order (default: $250 per week or part thereof); and

    • Any direct costs incurred by the Builder due to delay, incorrect work, defective work, or failure to follow scope or directions.

  3. The Subcontractor may claim a reasonable extension of time for delays not caused or contributed to by the Subcontractor. Such extensions must be approved in writing by the Builder.

  4. No additional payment, cost recovery, or damages for delay are payable to the Subcontractor unless expressly agreed in writing by the Builder.

5. VARIATIONS

  1. The Subcontractor must not vary the Works without written direction from the Builder.

  2. The Builder may issue a written direction requiring the Subcontractor to carry out a Variation.

  3. The price of any Variation must be agreed in writing, or failing agreement, determined reasonably by the Builder.

  4. Variation adjustments are applied to the next progress or final payment.

6. SITE CONDITIONS

  1. Commencing work signifies the Subcontractor’s acceptance of the Site conditions as satisfactory.

  2. The Subcontractor is responsible for keeping the Site clean and safe and must remove all waste and plant upon completion.

  3. Any damage caused to other works on Site shall be rectified at the Subcontractor’s cost.

7. WARRANTIES

The Subcontractor warrants that:

  • it holds all relevant licences and certifications to perform the Works;

  • the Works will comply with all applicable standards, laws and codes;

  • all materials supplied are new (unless otherwise agreed) and fit for purpose; and

  • workmanship will be of a high and durable standard appropriate to landscape construction works.

8. INSURANCES

Prior to commencing Works, the Subcontractor must obtain and maintain for the duration of the Works (including the Defects Liability Period):

  1. Workers compensation insurance as required by law;

  2. Public liability insurance for not less than $10,000,000; and

  3. Personal accident and disability insurance where the Subcontractor performs work personally.

Proof of current insurances must be provided to the Builder on request.

9. PAYMENT, TAXATION & ENTITLEMENTS

  1. The Subcontractor must submit an invoice upon completion of the Works or as otherwise agreed.

  2. Payment will be made within 14 days of invoice approval by the Builder.

  3. The Subcontractor must provide a statutory declaration confirming all employees and subcontractors have been paid in full before payment is made.

  4. The Subcontractor is responsible for its own taxation, superannuation, and employee entitlements and indemnifies the Builder against any claims in this regard.

  5. The Builder may deduct from payments any amounts owing by the Subcontractor to the Builder.

10. SUSPENSION OF WORK

If the Builder’s head contract work is suspended, the Builder may immediately suspend the Subcontract Works by written notice.

11. TERMINATION

The Builder may terminate this Subcontract immediately if the Subcontractor:

  • is in substantial breach;

  • becomes insolvent or bankrupt; or

  • fails to remedy a breach within 10 days of written notice.

The Builder may also terminate for convenience with 14 days written notice, in which case the Subcontractor is entitled to payment for work completed but not for loss of profit.

12. DEFECTS LIABILITY

  1. The Subcontractor must at its own cost rectify any defects or non-conforming work notified within the 12-month Defects Liability Period.

  2. If the Subcontractor fails to do so, the Builder may engage others to rectify and recover those costs as a debt due.

  3. Any debt recovery costs or set-offs may be applied against payments due to the Subcontractor.

13. GST

All prices are deemed to include GST unless otherwise stated.

14. SEVERANCE

Any clause found invalid or unenforceable shall be severed without affecting the validity of the remaining terms.

15. GOVERNING LAW

This Subcontract is governed by the laws of Western Australia.

16. NOTICES

Notices may be given by personal delivery, prepaid post, email, or SMS (acknowledged by return message), effective as specified in the original terms.

17. DISPUTE RESOLUTION

Disputes not resolved within seven (7) days of written notice may be referred to arbitration under the Commercial Arbitration Act 2012 (WA), or to adjudication under the Construction Contracts Act 2004 (WA), with an arbitrator or adjudicator appointed by the President of the Master Builders Association of Western Australia.




End of Subcontractor Terms and Conditions
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