Below are the commercial principles HL Landscapes ascribes to when tendering for projects and are what have been allowed for in our rates. Please ensure these principles are included; where applicable. HL Landscapes are required to sign in the below principles into contractual documents.
30 calendar days payment terms and should be allowed to claim 10% interest on late payments.
10 Business Days issuance of the Payment Certificate from receipt of Payment Claims
Option 1 – ≤$200k Contract Value – No Security
Option 2 – >$200k-$800k – HL Landscapes agrees to 5% Retention (10% of each progress claim until 5% of the Contract Value is held) as a form of Security
Option 3 – >$800k – HL Landscapes agrees to Bank Guarantees / Bonds for security purposes. HL Landscapes does not agree to provide a Parent Company Guarantee
50% of security is released on completion and 50% upon the expiry date of the defect liability period of the Contract.
Cap of 50% of Contract Value
Indemnities (where appropriate) shall be reciprocal
HL Landscapes does not accept liability for consequential or indirect damages or losses
It is limited to 12 months from the date of Practical Completion (PC) however DLP always to match the Maintenance Period
Limited from 1% of the contract value to a max of 5% of the Contract Value, and the contract must specifically say that LDs are the Client’s sole remedy for delay
Liquidated Damages under the Main Contract are not applicable
All delay events should be listed clearly. Must include Epidemics, Pandemics (including COVID-19), Quarantine Restrictions, and Inclement Weather. Should be entitled to EOT and disruption cost.
1. a breach of this Contract by the Client
2. a Variation directed by the Client
3. Inclement weather
4. Force Majeure Event
5. COVID-19
6. delay in granting access to the Site
7. material delays
8. pandemic event declared by a local, state, and/or federal authority
9. material shortages
10. petrol or diesel shortages
11. Site Conditions/Latent Condition
12. Suspension
13. Non-Reliance/Discrepancies
Force Majeure Event means but not limited to:
(i) landslide, earthquake, and floods, but not including reasonably foreseeable weather conditions (including wind) at the Site;
(ii) fire or explosion, including radioactive or toxic explosion;
(iii) acts of a public enemy, war, blockage, insurrection, riot, civil disturbance, or acts of terrorism major
Should be entitled to an EOT and demonstrated actual cost
Acceleration cost shall be agreed upon prior to commencement
Risk will transfer on delivery and title on payment in full
HL Landscapes should be paid for unfixed materials reasonably ordered for the Project.
HL Landscapes should be entitled to claim demonstrated actual cost (overheads, not profit)
The Variation Margin must be 15%
Variation direction shall be in writing or agreed upon prior to commencement
The party’s rights and remedies shall be reciprocal
Senior representatives of both parties with the authority to negotiate a resolution prior to consideration of adjudication.
Notification periods should be at least 1 week
1 to 2 weeks assessment period for all claims
Email should be included
Due to current market conditions, the Contract value will be subjected to rise and fall adjustments
No provision for urgent protection
A meeting must take place prior to setting off consideration
HL Landscapes will provide the following insurance:
Public Liability Insurance: Yes
Works Insurance: Not Applicable
Professional Indemnity Insurance: Not Applicable
No Head Contract provision
No allowance has been made for any external Third Party software costs required by the client. All these associated costs will be applied as a variation to the contract
Where required, for all bulk materials including soils, sands, aggregates, mulches etc, The Head Contractor and/or Principal will be provided a product analysis completed by a third-party Nata accredited facility that assess the material for compliance against the applicable AS or project specific specification along with a physical product sample for consideration and approval. Upon acceptance the Head Contractor and or Principal may on arrangement undertake an independent analysis of the material at the premise of the manufacturer to confirm compliance and consistency prior to importing. Upon delivery the Head Contractor and or Principal shall assume liability for the material as the Installer and Manufacturer has limited control to prevent cross contamination once onsite