Subcontractor Terms and Conditions
The purpose of these terms and conditions is to provide the contractor with a clear understanding of general conditions, special arrangements, rules, requirements and standards that are integral to meet and maintain Dak-Wal Constructions high standards and reputation.
1. Licence and Accreditation
- All Subcontractors engaged by Dak-Wal Constructions are required to, and only engage workers, that possess the relevant licences, qualifications, and insurances applicable to the work that they undertake.
- Each Subcontractor is required to provide Dak-Wal Constructions with a copy of their Contractor Licence when registering to work with Dak-Wal Constructions.
- Contractors must notify Dak-Wal Constructions immediately if work has been allocated that falls outside their licence category.
2. Required Documentation
To have an active registration with DAK-WAL Constructions, contractors must hold and maintain valid policies for;
Prior to undertaking each specific works, contractors must complete:
- Workers Compensation Insurance Certificate of Currency in accordance with applicable legislation of each state in which services are provided. (applicable for all Companies and Sole Trader/Partnerships that have one or more employees)
- Current Sickness & Accident Policy
- Public Liability Insurance Certificate of Currency with an indemnity of a t least $5 million in respect of each claim for the period of the contract
- Contractor’s Licence
- Construction Induction Cards of All Individuals Entering a Dak-Wal Constructions’ Site
- Have completed the Dak-Wal Constructions subcontractor Induction
- A Site Specific Risk Assessment and relevant Safe Work Method Statements (SWMS).
3. Invoicing and Payment Terms
On the completion of the allocated works, log onto supplylinc and;
Subcontractor invoices will not be processed unless all required documentation, as outlined in these terms, has been provided. Payment terms are 21 days from the date the invoice is processed.
Final payment of invoices will not be processed until all work is completed and considered satisfactory.
- notify that works are complete
- complete the Subcontractor Project Statement
- tax invoice has now been submitted, viewable in applicable tab
4. Work Health and Safety
Prior to commencing any work on a Dak-Wal Constructions site, Subcontractors are responsible for:
While on site, all workers, including Subcontractors must:
- Completing the online subcontractor induction via supplylinc.
- Ensuring that all Workers Compensation insurance premiums payable by the Subcontractor have been paid and that the Certificate of Currency has been provided to Dak-Wal Constructions.
- Ensuring that they, and all workers engaged by them possess the relevant licences, qualifications, and insurances applicable to the work that they undertake.
- Completing a Site Specific Risk Assessment and complete the relevant Safe Work Method Statement (SWMS) for the works and controlling any identified hazards or risks.
- Ensuring that all workers engaged by them complete the subcontractor induction, receive a site specific induction and are aware of any specific risks or hazards as well as Dak-Wal Constructions’ Work Health and Safety policy and procedures.
- Ensuring that all relevant First Aid and Personal Protective Equipment is readily available on site.
- Ensuring that all workers engaged by them are aware of, and comply with all federal, state and local laws, rules and regulations applicable to its work under this contract. You shall be responsible for the protection and safety of your employees, for required safety records for regular inspections of the work area and equipment.
If an accident does occur on a Dak-Wal Constructions work site, the Subcontractor must:
- Take reasonable care for their own health and safety.
- Take reasonable care for the health and safety of others.
- Comply with all reasonable instructions by Dak-Wal Constructions.
- Cooperate with all policies and procedures of Dak-Wal Constructions and all relevant legislation.
If Dak-Wal Constructions was to incur any workcover fine due to a subcontractor not having complied to work, health and safety regulations then Dak-Wal Constructions reserves the right to recover the full amount from the sub contractor.
- Manage the incident at hand, contacting relevant emergency services if applicable.
- Report the incident to the Management of their organisation as well as their Workers Compensation Insurer and all other required bodies as soon as possible.
- Report the incident to Dak-Wal Constructions as soon as possible.
- Ensure that corrective actions have taken place to prevent a reoccurrence of the incident on site.
5. Electrical Safety
It is a legislative requirement that all electrical equipment used on a construction site is tested and tagged.
A record of testing must be kept until the electrical equipment is next tested, permanently removed from the workplace or disposed of. The record must specify:
Dak-Wal Constructions reserves the right to request a copy of your testing and tagging records at any time.
- The name of the person who carried out the testing
- The date of the testing
- The outcome of the testing
- The date on which the next testing must be carried out
6. Quality / Workmanship
All works will be done by persons qualified in their respective trades, and the workmanship shall be first class in every aspect. The work shall be conducted in a safe, competent workmanlike manner. Subcontractors shall observe and enforce all safety instructions, rules and regulations.
The Subcontractor shall complete and maintain work to the satisfaction of both Dak-Wal Constructions and the client. In the event that a defect is discovered, except in the instance where defect is proven to be as the result of neglect or default by the client or another person engaged by Dak-Wal Constructions, the Subcontractor will be liable and will need to make right the situation. In such situation, the Subcontractor is not entitled to any additional payment for rectification work undertaken.
In such situations, the Subcontractor will be given appropriate opportunity to resolve the defect. If a defect remains unresolved, or if the client refuses the Subcontractor to return to work at the property, Dak-Wal Constructions may:
- Arrange for an alternative Subcontractor to fix the defect at the Subcontractor’s expense, and the Subcontractor must pay all reasonable cost on request, or
- Require the Subcontractor to pay the client compensation for any reasonable related loss caused as a result of the defect.
The Subcontractor must provide all equipment and materials as may be necessary to properly and effectively perform the services.
In the instance where specified materials are not reasonably obtainable, the Subcontractor must seek approval from Dak-Wal Constructions to use a substitutable product. No material substitutions may be made unless approved.
- Compliant with the relevant Australian Standards and Building Codes
- Fit for their intended purpose
- New and undamaged.
Dak-Wal Constructions may, require the Subcontractor to carry out a variation to the original scope of works. This will be in the form of an approved updated scope of works.
Unless directed by Dak-Wal Constructions in writing, the Subcontractor must not:
- Make any changes to the scope of works,
- Carry out any extra work, or
- Leave any details of the scope of works unfinished.
9. Service, Standards and Reviewing Performance
The performance of Subcontractors will be monitored by Dak-Wal Constructions, reviewing actual performance against a number of key performance indicators and industry benchmarks. This process may involve customer feedback and site inspections, reviewing: timeliness, quality of work, customer service and other factors.
- All clients must be contacted within 48hrs of receiving the job.
- An estimated start and finish date must be entered on accepting the work order.
- If unable to meet timeframes, you must contact the coordinator immediately.
10. Code of Conduct
For Dak-Wal Constructions to meet all obligations set by our clients, Dak-Wal Constructions requires all Subcontractors, at all times to behave in line with Dak-Wal Constructions’ Code of Practice, Policies and Procedures and the law.
- You must conduct yourself in a pleasant, polite and friendly manner
- Each service for Dak-Wal Constructions shall be in a professional and timely manner ensuring quality workmanship and ensure maximum customer satisfaction
- You must liaise with the customer if there are to be any changes to their/your schedule
- You shall not smoke, swear or engage in activities that could be uncomfortable or offensive to the customer
- All works are to be conducted in a neat and tidy manner, all rubbish to be disposed of and no mess to be left at the home/worksite
- Animals are not to be taken onsite
- Use of clients equipment including; vacuum, ladder etc. is strictly forbidden
- Defamation in relation to Dak-Wal Constructions will result in the immediate cessation of your registration as a subcontractor
11. Privacy and Confidentiality
In the course of your engagement, you will become privy to confidential information of the company and/or its clients, whether in written, computerised or oral form.
You will, both during your engagement and for so long as the confidential information remains confidential after the termination of your engagement (unless it ceases to be confidential due to your breach of this clause):
- Not at any time, either directly or indirectly, disclose or communicate to any person any confidential information that may come to your knowledge during or in the course of the engagement, unless expressly authorised by the company or required by law or court order.
- The contractor will comply and will ensure that its employees and subcontractors comply with all laws relating to the privacy of information particularly information relating to customers.
- Use your best endeavours to prevent disclosure or publication of the confidential information where that disclosure or publication is not authorized by the company.
- If required by law or court order to disclose any confidential information, advise the company of that fact and take all lawful steps to confine disclosure of the confidential information and preserve its confidentiality, including taking steps to allow the company or its agents to do so.
- Not use or attempt to use confidential information for your own purposes or for any purposes other than for the purposes of the company or in any manner which may injure or cause loss directly or indirectly to the company and/or its business.
- Acknowledge and agree that, without prejudice to any other remedy that the company may have, the company will be entitled to injunctive and other equitable relief to prevent or cure any breach or threatened breach of this clause.
The Subcontractor indemnifies Dak-Wal Constructions against:
- Loss or damage to property,
- Claims in respect of personal injury or death, arising out of, connected to or as a consequence of the Subcontractor:
- Carrying out or failing to carry out works,
- Breaching these Terms of Engagement
- Any liability that Dak-Wal Constructions may suffer or incur under a statutory warranty in connection with works.
The subcontractor agrees not to defame Dak-Wal Constructions Pty Ltd and any of its employees and associates (on public forums, blogs, social networks etc.) at any time during or subsequent to the contract period. The contractor agrees to take no action which is intended, or would reasonably be expected to harm Dak-Wal Constructions or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to the Company. The subcontractor shall use its best endeavours to promote the interests of Dak-Wal Constructions at all times.
14. Entire Agreement
These Terms and Conditions constitute the entire agreement of the parties and supersedes all previous agreements, understandings and negotiations written or oral on the subject matter. Each provision of this document is severable from the other and severance of a provision shall not affect any other provision.
DAK-WAL Constructions reserves the right to review the above conditions at any time if the arrangement is no longer reasonable and may change these Terms and Conditions at any time without notice. Any amendment will be effectively immediately.
Holding an active registration with Dak-Wal Constructions does not in any way entitle any contractor to any quantity of work or provide exclusivity of work type or region, any allocations will be at the sole discretion of Dak-Wal Constructions.
I acknowledge and agree that I will fully comply with all lawful requirements concerning Subcontractors in all states and territories that my business operates.