Standards Australia are proposing to replace AS 2124:1992 and AS 4000:1997 with a new General Conditions of Contract AS 11000.
Why the change?
Whilst AS 11000 is not intended to alter the principles of risk allocation that currently apply in AS 2124 and AS 4000 - that a Principal should not ask a Contractor to price an unquantifiable risk which is within the control of the Principal - there are several significant changes, including to:
- require the parties to notify delays promptly and within 5 business days;
- entitle the Contractor to an EOT for delay events beyond the reasonable control of the Contractor occurring before the date for practical completion;
- require the Superintendent to either assess an EOT or request more information to undertake the assessment within 20 business days. Failure to do so will entitle the Contractor to an extension of time as claimed; and
- impose an obligation of good faith on the parties.
A summary of the changes proposed are set out below:
Overview of the proposed changes
Click here to view the table
Do you want to comment?
The draft AS 11000 is now available for public comment. A copy of the draft is available here. Standards Australia is inviting submission on the draft AS 11000 until Friday, 27 March 2015. These can be made via the Standards Australia website. We would be happy to assist in the preparation and lodgment of submissions.