Contracts and standards / Commonwealth of Australia

AS 2124-1992 General Conditions of Contract (AS 2124-1992)

conditions of contract, published by Standards Australia, 1992. Commonwealth of Australia.

The elderly relative of the family. Fondly regarded, universally known, and perfectly literal. It will take your entire extension of time over one late notice and consider it fair, and it has not changed its mind about anything since 1992.

The detail it turns onthe yellow coverclause 35.528 daysclause 46.1

3 obligations, clause by clause.

Three obligations transcribed, read from the clause text and one secondary source. Where a row came from a secondary source, the table says so.

Where it is written	The obligation	Window	If missed	Disease
cl 35.5secondary	Claim an extension of time within 28 days of the delay startingheld in the contract notice register	28 days	the claim is barred	Missed claims
cl 12.2, 12.4secondary	Notify a latent condition as soon as it is foundheld in the contract notice register	none set	the costs cannot be recovered	Missed claims
cl 46.1	Give written notice of a claim within 28 daysheld in the contract notice register	28 days	the claim is barred	Missed claims

AS 2124-1992 and AS 4000-1997, on the three obligations that decide most claims.

Both clauses are in the library, so the comparison is the clause text rather than an opinion about it.

On	AS 2124-1992	AS 4000-1997
Extension of time claim	cl 35.5: within 28 days of the delay starting. Barred if missed.	cl 34.2, 34.3, 34.5: within 28 days. Barred if missed, and the Superintendent has 28 days to decide or the extension is deemed granted.
Variation claim	cl 46.1: written notice within 28 days. Barred. 42 days applies to extra cost from a direction or approval.	cl 41.1-41.3: particulars within 28 days, and cl 41.2 says a missed notice shall neither bar nor invalidate the claim. Damages only.
Latent condition notice	cl 12.2, 12.4: notice forthwith. No day count stated.	cl 25.2, 25.3: notice promptly. 28 days is the cost cut-off, not the notice window.
What that means in practice	The harder form. A late variation notice can bar the claim outright.	The softer form unamended. Principals' amendments routinely add the hard bar back, so read the special conditions, not the cover.

What this page is, and is not.

It is the clause text this library holds for this document, with the window and the consequence. It is not legal advice, and it is not a substitute for reading the document you signed.

No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.

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Common questions

What does AS 2124-1992 cl 35.5 require?

Claim an extension of time within 28 days of the delay starting. Missing it: the claim is barred. The window is 28 days. Demiton watches it against the contract notice register.

What does AS 2124-1992 cl 12.2, 12.4 require?

Notify a latent condition as soon as it is found. Missing it: the costs cannot be recovered. The clause sets no day count. Demiton watches it against the contract notice register.

What does AS 2124-1992 cl 46.1 require?

Give written notice of a claim within 28 days. Missing it: the claim is barred. The window is 28 days. Demiton watches it against the contract notice register.

Does Demiton hold every obligation in AS 2124-1992 General Conditions of Contract?