Question 1.1

Answer: * The Superintendent or Contract administrator is the person appointed by the principal in writing, he act on behalf of principal, he act as an agent of principal, the principal must notify the contractor in writing. The principal may at any time change him by giving notice to contractor, he represent the principal in many different ways some are discussed below AS4000 Clause 20 * The Superintendent or Contract administration may from time to time appoint individual representative to exercise delegated function, he must notify contractor in writing about appointment, representative name and delegated function and also notify when termination of each appointment take place AS4000 Clause 21 * He must examine carefully and assessed the content of contract and all other data, information, or document made available to contractor prior to the date of contract. And taken into account all risk related to the work under contract (WUC) and has made full allowance for those risks. Clause 2.6 * He has right to request for detail quotation for provisional sum or can also request for alternative quote including for other subcontractor and suppliers Clause 3 * The form of security can be approved or disapproved by him and he must have access to security at any time to recover any claim for damages caused by contractor during WUC Clause 5 * He must make sure that all the document & necessary information with number of copies are provided to contractor , not to be used , copied nor reproduced for any purpose other than WUC Clause 8.2 * He has right to request for detail breakdown for contract sum by trade including preliminaries, profit and overhead, a cash flow forecast for a period for WUC precedent to payment for the first progress certificate and any progressive certificate thereafter Clause 8.3A * He must make sure the contractor has not subcontracted any work under
WUC without his prior written permission Clause 9.2 * He has right to check contractor comply occupational health and safety and environment co-ordination plan which will demonstrate compliance with relevant legislation and can also request for ongoing performance and evidence of audit during WUC Clause 12 A * Before commencing the WUC he must make sure that the insurance policies are places, if not he can request for it or even take out insurance policies for WUC in joint name with contractor and will be reimbursed from the contract sum. Clause 16,17,18,19 * He and his representative at any time During WUC have access to any part of site for any purpose with reasonable written notice to contractor Clause 24.2 * If the contractor fail to keep the site clean and tidy and remove rubbish and surplus material Within the given notice form 14 days, he can subject to carry out work by others and the cost must be due to the contractor Clause 27 * If any latent condition notice received by him, he must request for the quote or any detail record supporting the document, if economical variation order can be generated
Clause 25 * He must direct the contractor to supply Manufacturing certificate and performance capacities for material and plant, competence certificate for Trademanskill used in WUC Clause 28, * If the defective work has taken place or he feels the work is not upto contract standard, he can request for inspection, if found defective direct for demolish of work or removal of material from site, reconstruct and replace Clause 29.3 * He must go through sequences of activity to be performed in WUC, if the float and critical path are to many, reject the program & request for amendment. Chair weekly or monthly meeting, Request for weekly or monthly progress report & copy of updated program Clause 32 * He has right to suspend the whole or part of WUC because the contractor failure to fulfill its obligation under the contract or the court order or for protection or safety of any person or property & the contractor must bear the cost of suspension Clause 33

* If he receive the notice for extension of time EOT from the contractor, he must verify the progress & efficiency of the contractor, the cause of EO, or whose failure * The contractor is not entitled for any delay which is not on critical path
Within 28days after receiving the EOT claim he must give the principal & contractor evidencing the EOT so assessed or any acceleration required Clause 34.4, 34.5 * He or his representative must identify defect and request for rectification within the date of completion. If the rectification is done by other party representing principal then The cost will be due payable to principal Clause 35 * He has right to certify the progress claim, he must verify with practical progress and progress claim, make sure the security, any money due from the contractor, & GST reflect in progress claim (Retention or bond ) he must notify contractor for reason in differences as per Clause 37.2,37.7 * He can request for the payment of money due to the subcontractors or workers of subcontractor, if the request is not fulfilled he can withhold the progress claim Clause 38.1,38.2 * Or before final payment if the above request is not fulfilled. And the due payable to subcontractor or its workers still arise he can make direct payment to subcontractor or its workers, and the cost will be deducted from its final certificate. Clause 38.3 * He can issue notice to contractor for substantial breach in contract, like failing to provide evidence of insurance, security, not complying with the contract standard specification, poor workmanship, * If the work is taken out form the contractor, he must certify the money due and payable accordingly the difference between that cost and the amount which would otherwise have been paid to the contractor if the work had been completed Clause 39.6

* He can generate Site variation order Clause 36.2

* If EOT is not approved or still in dispute and the contractor fail to reach practical completion date then the contractor pay the liquidated damage to principal or he can forthwith repay to the contractor Clause 34.7