When calling for or receiving an EOI or tender on a Building Code 2013 project after 2 December 2016, you should include the following clause in the advertisement:
'By submitting an expression of interest in, or tender for, this project, you will become subject to the Code for the Tendering and Performance of Building Work 2016.’
You should also provide this information statement to respondents, to inform them that they will become code covered entities. This information statement should be provided in place of using the Building Code 2013 or Code for the Tendering and Performance of Building Work 2016 model clauses.
Please note: you should not request a Letter of Compliance from subcontractors on Building Code 2013 projects.
If you’re a building contractor or other type of building industry participant that can be required to comply with the Code by section 34 of the BCIIP Act, then you become subject to the Code from the first time you submit an expression of interest (EOI) or tender (howsoever described) for Commonwealth funded building work on or after 2 December 2016. This makes you a ‘code covered entity’.
The head contractor for Commonwealth funded building work that is required to have a WRMP must have a 'fitness for work' policy as part of the WRMP. A fitness for work policy that complies with the drug and alcohol testing requirements in the Building Code 2013 will also comply with the Code.