Preface

This Standard was prepared by the Standards Australia Committee MB-010, General Conditions of Contract and by Committee OB-003, General Conditions of Contract.

This Standard incorporates Amendment No. 1 (January 2010). 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.

AS 4904—2009 Consultants agreement—Design and construct is a supplementary document to the suite of conditions of contract based on AS 4000—1997 General conditions of contract.

This Standard is intended to be used as contract conditions forming part of a contract between:

(a) a Consultant and a Principal for the development of preliminary design to form part of the Principal's Project Requirements under AS 4902—2000 General conditions of contract for design and construct.

(b) a Consultant and a Contractor where AS 4902—2000 General conditions of contract for design and construct are the contract conditions, in conjunction with the following project procurement methods:

(i) design and construct;

(ii) design development and construct; or

(iii) design, novate and construct.

(c) a Consultant and a Subcontractor where AS 4903—2000 Subcontract conditions for design and construct are the subcontract conditions, in conjunction with the following project procurement methods:

(i) design and construct;

(ii) design development and construct; or

(iii) design, novate and construct.

If either (b) or (c) above applies, and the project procurement method chosen is:

(a) design and construct—the Consultant will be responsible for design to a Contractor engaged in an AS 4902—2000 Contract or to a Subcontractor engaged in an AS 4903—2000 Subcontract (as the case requires).

(b) design development and construct—the Consultant will be responsible for the development of the detailed design from a preliminary design provided by the Principal in an AS 4902—2000 Contract or by the Main Contractor in an AS 4903—2000 Subcontract (as the case requires).

(c) design, novate and construct—the Consultant will be responsible for the development of a preliminary design to the Principal in an AS 4902—2000 Contract or to the Main Contractor in an AS 4903— 2000 Subcontract (as the case requires). Subsequent to novation, the Consultant will be responsible for the detailed design to the Contractor in an AS 4902—2000 Contract or to the Subcontractor in an AS 4903—2000 Subcontract (as the case requires).

Clauses prefixed by * may be omitted in the Contract, where necessary, but consequential amendments may be necessary. Such omission should be clearly shown on the face of the document by striking out these clauses and indicating clearly in Annexure Part E or elsewhere that they are not to apply. See paragraph (i) of clause 1 on page 3 for the effect of stating changes in Annexure Part E.