Guardian Property and Construction Pty Ltd (GPC) is a consultancy practice. We are not lawyers, we do not provide legal advice and our Services are not regulated by the Legal Profession Act 2004.

The GPC suite of contract documents currently comprises of the following:

1. Terms of Sale.
2. Purchase Order Terms & Conditions.
3. Sub Consultancy agreement.
4. Subcontract Agreement with Guarantor.
5. Subcontract Agreement No Signature.
6.  Supply Agreement.

Each of the documents follows a similar format, indeed the majority of the terms are identical.

However, they have been developed to ease the burden of contract administration and therefore each has been drafted to suit a particular arrangement i.e. where the works are of a simple nature or minor in value the use of 5. will eliminate the need for a signature from the Subcontractor.

Taking each contract in turn;

1. Terms of Sale

For the provision of Goods or Services to a buyer.

These will be submitted at the time of tender or quotation when the buyer’s terms & conditions are unacceptable or not available. You will note there is no signature page because they have been designed to complement a tender submission and therefore not binding until the buyer has confirmed their acceptance, in writing.

2. Purchase Order Terms & Conditions.

For the supply and delivery of capital plant & equipment.

This has been edited to a single page so it can either be printed on the reverse side of the Purchase Orders or attached as a separate page.

3. Sub-Consultancy agreement.

For the engagement of an engineer or consultant for design or management services.

This contract assists to maintain the independent contractor status by defining the deliverables / agreed rates etc. The variables in the contract are adjusted at annexure A and the contract is signed as an agreement between you & the Engineer / Consultant.

4. Subcontract Agreement with Guarantor.

For the engagement of sub-contractors or suppliers where the works are of a complex or significant value or where it is in your interest the director of the subcontractor is required to guarantee the performance of his company. The variables in the contract are adjusted at annexure A and guaranties must be signed by guarantor therefore this contract must be signed by both parties before it can take effect.

5. Minor Works No Signature

For the engagement of sub-contractors or suppliers to perform works that are of a simple nature or minor in value, that will form part of your works under a head contract. This contract is executed by part performance and will eliminate the need for a signature from the Sub-contractor, the variables in the contract are adjusted at annexure A.

6. Supply Agreement

For the procurement of capitol plant that will form part of your works required to carry out under a head contract.

The variables in the contract are adjusted at annexure A and the contract is executed by part performance that will eliminate the need for a signature from the Sub-contractor.

Note

These contracts have generally been structured to pass the terms of the customer/head contract to the subcontract for that particular element of work and therefore before any sub-contract can be entered into it is essential that the terms of the customer/ head contract be agreed first. If not, it may subsequently be found the terms of the customer/head contract do not apply because they were “not on foot” when the subcontract arrangements were completed.