Public Sector Standard Conditions of Contract for Construction Works 2005 - A Commentary

The author of this work seeks to inform the users of the standard form of their respective contractual position with regard to each and every clause. First published in 2000, the work served as an effective guide in offering readers a comprehensive and perceptive understanding of the Public Sector Standard Conditions of Contract for Construction Works (PSSCOC).

In 2005, the Building and Construction Industry Security of Payment Act 2004 (SOP Act) came into operation. It changed the way progress payments were made and enforced in the construction industry. The Act prescribed a statutory payment scheme and adjudication to resolve payment disputes. Consequently, the PSSCOC 1999 was amended to be compliant with the Act.

The 2005 edition thus encapsulates changes in the 2004 and 2005 editions of the PSSCOC including those affecting joint and several liability, day works and mediation.

This edition will be an indispensable tool to all construction and legal practitioners who need a detailed understanding of parties’ respective rights and obligations and remedies and liabilities in the light of the amendments made to the 1999 edition in compliance with the SOP Act.

Important Features:
· Offers a user-friendly format to explain the PSSCOC: presenting first a discussion of the principles affecting the interpretation and application of the PSSCOC followed by the intention and purpose of a clause and thereafter a clear interpretation of the provision itself

· Provides a clear discussion of all parties’ rights, obligations and liabilities under the PSCCOC after the implementation of the SOP Act

· Key local and commonwealth decisions are included to provide an up-to-date and a comprehensive discussion of the principles affecting the PSSCOC