Subcontractor requirements

If you are subcontracting on a Transport for NSW project you need to provide the following documents to the head contractor:

  • Workers Compensation Insurance and related liability in accordance with the Workers Compensation Act 1987
  • Comprehensive motor vehicle/mobile plant insurance or third party property damage insurance
  • Subcontractor's warranty - this requirement is only for trades specified in the contract between Transport for NSW and the head contractor
  • Contractor's Statement - certifying payment of wages, workers compensation and payroll tax
  • Relevant conformance records - conformance records are usually the responsibility of the contractor. However if you are supplying products to the contractor you may need to provide relevant quality conformance records. This requirement will be stated in your contract.
  • Provision of a Safe Work Method Statement and a Site-specific Safety Management Plan that is compatible with the head contractor's Work, Health and Safety Management Plan if not working directly under the head contractor's system.

If the head contractor requests any documents which are not listed above, be aware that while it is within the head contractor's rights to ask for further information, this documentation is not a requirement of Transport for NSW.

Note: You may be asked to contribute to the contractor's implementation of:

and where relevant, develop plans which are compatible with  the contractor's. However you as the subcontractor are not responsible for these obligations in its entirety.

If you are concerned your business is being asked to provide an excessive amount of information, Transport for NSW and the Office of the Small Business Commissioner suggest you to discuss your concerns with the head contractor. If you still have concerns after these discussions, please do not hesitate to contact the Office of the NSW Small Business Commissioner on 1300 795 534 or via we.assist@smallbusiness.nsw.gov.au.

Information you do NOT need to provide:

Statutory declarations

  • Statutory declarations are no longer a requirement under new Transport for NSW contracts and have been replaced with the Contractor's Statement.

Liability and Works insurance

  • As subcontractors and suppliers are covered by the Transport for NSW Principal Arranged Insurance Policy, head contractors should not ask subcontractors and suppliers to provide public and products liability insurance or works insurance. Transport for NSW has a full list of engineering contract documentation requirements.

Know your payment rights - payment obligations

  • For subcontracts valued under $100,000 the contractor is obliged to pay the subcontractor within 15 business days after receiving a payment claim.
  • For subcontracts valued over $100,000, the contractor is obliged to pay the subcontractor within 20 business days of receiving a payment claim.

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