Suite of Contract Documents
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:
- Terms of Sale.
- Purchase Order Terms & Conditions.
- Sub Consultancy agreement.
- Subcontract Agreement with Guarantor.
- Subcontract Agreement No Signature.
- 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, this contract is executed by part performance.
Taking each Australia contract in turn;
2. Terms of Sale
For the provision of your Goods or Services to a buyer. These will submitted at the time of tender or quotation when the buyer’s terms and 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.
3. Sub Consultancy Agreement
For the engagement of an engineer or consultant for design or management services. This contract assists in demonstrating operatives engaged by you to maintain their 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 and the Engineer / Consultant.
4. Purchase Order Terms & Conditions
For the supply and delivery of capital plant and equipment. This has been edited to a single page so it can either be printed on the reverse side of your Purchase Order or attached as a separate page.
5. Minor Works No Signature
For the engagement of Subcontractors or suppliers to perform simple or minor value works that will form part of the works you are 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 Subcontractor.
6. Major Works Inc Guarantor
Where the works are of a complex or significant value, or where it is in your interest the director of the Subcontractor provides a guarantee for the performance of his company. The variables in the contract are adjusted at annexure A and a guarantee has to be signed by the Guarantor, therefore this contract must be signed by all parties before it can come into effect ie. you, the Guarantor and the Subcontractor.
These contracts have been structured to pass the terms of the customer/head contract to the subcontract for that particular element of work, therefore before any subcontract can be entered into it is essential that the terms of the customer/ head contract are 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.