Where parties to a building subcontract incorporating AS 2545-1993 fail to appoint a Main Contractor's Representative, a term may be implied that references to the MCR in cl 42.1 include the main contractor itself, provided the BP Refinery (Westernport) conditions are satisfied. The default payment obligation in cl 42.1 (requiring payment of the full amount of the subcontractor's claim if no payment certificate issues within 35 days) applies to variation claims as well as claims for the original contract works. Standard form conditions incorporated by reference apply only to the extent they are not inconsistent with terms expressly agreed between the parties.
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