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AS 4915—2002

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conditions
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Australian Standard™

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AS 4915—2002
(Incorporating Amendment No. 1)
 This Australian Standard was prepared by Committee OB-003, General Conditions
of Contract. It was approved on behalf of the Council of Standards Australia on
29 October 2001. This Standard was published on 25 February 2002.

The following are represented on Committee OB-003:

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Association of Consulting Engineers Australia
Australian Chamber of Commerce and Industry
Australian Institute of Project Management
Australian Procurement and Construction Council
AUSTROADS

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Construction Industry Engineering Services Group

Construction Policy Steering Committee
Electricity Supply Association of Australia
Institution of Engineers, Australia
Institution of Professional Engineers, New Zealand
Law Council of Australia
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Master Builders Australia
National Construction Council of the Australian Industry Group
Process Engineers and Constructors Association
Royal Australian Institute of Architects
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This Standard was issued in draft form for comment as DR 99043.

 AS 4915—2002
(Incorporating Amendment No. 1)

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Australian Standard™

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Project management—General
conditions
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Originated as AS 4915—2002.
Reissued incorporating Amendment No. 1 (March 2005).
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COPYRIGHT
© Standards Australia
All rights are reserved. No part of this work may be reproduced or copied in any form or by
any means, electronic or mechanical, including photocopying, without the written
permission of the publisher.
Published by Standards Australia, GPO Box 5420, Sydney, NSW 2001, Australia
ISBN 0 7337 3603 3
 AS 4915—2002 2

PREFACE
This Standard was prepared by the Joint Standards Australia/Standards New Zealand
Committee OB-003, General Conditions of Contract.
This Standard incorporates Amendment No. 1 ( March 2005 ). The changes required by the
Amendment are indicated in the text by a marginal bar and amendment number against the

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clause, note, table, figure or part thereof affected.
This Standard is the result of a consensus among Australian and New Zealand
representatives on the Joint Committee to produce it as an Australian Standard.
AS 4915—2002, Project management—General conditions is part of the suite of conditions
of contract based on AS 4000—1997, General conditions of contract.
Where construction management is required, AS 4916—2002, Construction management—

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General conditions should be used.

Clause 20 and subclause 5.6, prefixed by * are optional and may be omitted in the Contract,
where necessary, without making consequential amendments but such omission should be
clearly shown on the face of the document by striking out these clauses or indicating clearly
in Annexure Part D 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 D.
WARNING
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1) Principals should ensure that their specific requirements are fully and
completely incorporated in the Principal’s project requirements obtaining
specialist advice if necessary.
2) Principals should ensure that their specific requirements for the Services to
be carried out by the Project Manager are accurately and completely
incorporated in Annexure Part B. The task list in that Annexure may be
used for this purpose.
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3) Legislation has come into force in some jurisdictions dealing with security
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of payments. Parties intending to use this Standard should seek expert

advice as to their rights and obligations under such legislation.
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 3 AS 4915—2002

CONTENTS

Page

1 INTERPRETATION AND CONSTRUCTION OF CONTRACT ............................. 4

2 NATURE OF CONTRACT.................................................................................... 6

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3 EVIDENCE OF CONTRACT ................................................................................ 7
4 SERVICES OF NOTICES ..................................................................................... 7
5 DOCUMENTS AND INFORMATION .................................................................. 7
6 ASSIGNMENT AND SUBCONTRACTING .......................................................... 9
7 AGENCY............................................................................................................ 10
8 INTELLECTUAL PROPERTY RIGHTS ............................................................. 10

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9 LEGISLATIVE REQUIREMENTS...................................................................... 11
10 PROJECT INSURANCE ..................................................................................... 11
11 DAMAGE TO PERSONS AND PROPERTY ....................................................... 11
12 PROFESSIONAL INDEMNITY INSURANCE .................................................... 12
13 PUBLIC LIABILITY INSURANCE .................................................................... 12
14 INSURANCE OF EMPLOYEES.......................................................................... 13
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15 INSPECTION AND PROVISIONS OF INSURANCE POLICIES ......................... 13
16 PRINCIPAL........................................................................................................ 14
17 PROJECT MANAGER’S REPRESENTATIVE AND KEY PERSONNEL ............ 15
18 PROJECT MANAGER’S EMPLOYEES AND SUBCONTRACTORS .................. 15
19 ACCESS ............................................................................................................. 15
20 QUALITY ASSURANCE.................................................................................... 15
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21 PROGRAMMING ............................................................................................... 15
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22 SUSPENSION..................................................................................................... 16
23 TIME, PROGRESS AND ADDITIONAL REMUNERATION .............................. 17
24 VARIATIONS .................................................................................................... 17
25 PAYMENT ......................................................................................................... 18
26 PAYMENT OF WORKERS AND SUBCONTRACTORS..................................... 19
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27 DEFAULT OR INSOLVENCY............................................................................ 20
28 TERMINATION BY FRUSTRATION ................................................................. 23
29 NOTIFICATION OF CLAIMS ............................................................................ 23
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30 DISPUTE RESOLUTION.................................................................................... 24
31 WAIVER OF CONDITIONS ............................................................................... 24

ANNEXURE PART A .................................................................................................... 25

ANNEXURE PART B .................................................................................................... 30
ANNEXURE PART C .................................................................................................... 39
ANNEXURE PART D .................................................................................................... 41

INDEX........................................................................................................................... 42
 AS 4915—2002 4

STANDARDS AUSTRALIA

Australian Standard
Project management—General Conditions

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1 Interpretation and construction of Contract
In the Contract, except where the context otherwise requires:
Item means an Item in Annexure Part A;
agency Services means those so marked in Annexure Part B;
compensable cause means:

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a) any act, default or omission of the Principal or its

contractors or agents (except the Project Manager); or
b) those listed in Item 21;
completion means completion of the Services;
Contract has the meaning in clause 3;
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contractor means a consultant or contractor (except the Project
Manager) of the Principal for any part of the project;
date of acceptance of means the date which appears on the written notice of
tender acceptance of tender;
design documents means the drawings, specifications and other information,
samples, models, patterns and the like required by the
Contract and those created or used by a contractor in carrying
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out the project;

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direction includes agreement, approval, assessment, authorization,

certificate, decision, demand, determination, explanation,
instruction, notice, order, permission, rejection, request or
requirement;
dispute has the meaning in clause 30;
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EOT (from ‘extension has the meaning in subclause 23.2;

of time’)
fee adjustment means a sum assessed by the Principal to be added to or
deducted from the management fee;
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final certificate has the meaning in subclause 25.2;

final payment claim means the final payment claim referred to in subclause 25.2;
intellectual property means any patent, registered design, trademark or name,
right copyright or other protected right;
key personnel means those personnel listed in Item 5;
legislative requirements includes:
a) Acts, Ordinances, regulations, by-laws, orders, awards
and proclamations of the jurisdiction where the
Services, or the particular part thereof, are being carried
out;
© Standards Australia www.standards.com.au
 5 AS 4915—2002

b) certificates, licences, consents, permits, approvals and

requirements of organisations having jurisdiction in
connection with the carrying out of the Services; and
c) fees and charges payable in connection with the
foregoing;
management fee means the fee calculated in accordance with Annexure Part C;

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preliminary design means the documents stated in Item 10;
prescribed notice has the meaning in subclause 29.1;
price of work means the final price payable pursuant to all project
contracts;
Principal means the Principal in Item 1;

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Principal’s project means the Principal’s written requirements for the Services
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requirements described in the documents stated in Item 9 which:

a) shall include the stated purpose for the Services;
b) may include the Principal’s design, timing and cost
objectives for the project; and
c) where stated in Item 10, shall include a preliminary
design;
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program has the meaning in clause 21;
project means the work to be carried out by all the contractors and
the Project Manager;
project account has the meaning in subclause 7.3;
project contract means a contract between the Principal and a contractor;
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Project Manager means the person bound to carry out and complete the
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Services;
public liability policy has the meaning in clause 13;
qualifying cause of delay means:
a) any act, default or omission of the Principal or its
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contractors or agents (except the Project Manager); or

b) other than:
i) a breach or omission by the Project Manager;
ii) industrial conditions or inclement weather
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occurring after the date for completion; and

iii) stated in Item 20;
site means the place referred to in Item 6;
subcontractor means a subcontractor of the Project Manager and includes a
consultant;
the Services means all the agency and other services in Annexure Part B
which the Project Manager is or may be required to carry out
and complete under the Contract, including variations;
variation has the meaning in clause 24,
and like words have a corresponding meaning.
www.standards.com.au © Standards Australia
 AS 4915—2002 6

In the Contract:
a) references to days mean calendar days and references to
a person includes an individual, firm or a body,
corporate or unincorporate;
b) time for doing any act or thing under the Contract shall,
if it ends on a Saturday, Sunday or Statutory or Public
Holiday, be deemed to end on the day next following

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which is not a Saturday, Sunday or Statutory or Public
Holiday;
c) clause headings and subclause headings shall not form
part of, nor be used in the interpretation of, the
Contract;
d) words in the singular include the plural and words in the

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plural include the singular, according to the

requirements of the context. Words importing a gender
include every gender;
e) communications between the Principal and the Project
Manager shall be in the English language;
f) measurements of physical quantities shall be in legal
units of measurements of the jurisdiction in Item 7;
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g) unless otherwise provided, prices are in the currency in
Item 8(a) and payments shall be made in that currency
at the place in Item 8(b);
h) the law governing the Contract, its interpretation and
construction, and any agreement to arbitrate, is the law
of the jurisdiction in Item 7; and
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i) the changes in Annexure Part D shall be deemed to be

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part of these General Conditions.

2 Nature of Contract

2.1 Performance and payment

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The Project Manager shall carry out and complete the Services in accordance with the
Contract and directions authorised by the Contract.
The Principal shall pay the Project Manager the management fee and fee adjustments in
accordance with the Contract.
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2.2 Project Manager’s warranties

Without limiting the generality of subclause 2.1, the Project Manager warrants to the
Principal that:
a) the Project Manager:
i) at all times shall be suitably qualified and experienced, and shall exercise due
skill, care and diligence in carrying out and completing the Services; and
ii) has examined the Principal’s project requirements and that the Services are
suitable, appropriate and adequate for the purpose stated in the Principal’s
project requirements; and

© Standards Australia www.standards.com.au

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AS 4915-2002 (Reference Use Only), Project

management - General conditions
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