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Contracts and standards / Commonwealth of Australia

AS 4000-1997 General Conditions of Contract (AS 4000-1997)

conditions of contract, published by Standards Australia, 1997. Commonwealth of Australia.

The decent, sensible middle child who everyone respects and nobody actually signs. They sign a different contract wearing its name.

The detail it turns onclause 34.2clause 41.2the special conditionsAS 4000:2025

3 obligations, clause by clause.

Three obligations, read from the clause text. The register's own caveat is recorded here: unamended AS 4000-1997 has no hard time bar in practice, and principals' amendments are what add one.

Where it is writtenThe obligationWindowIf missedDisease
cl 34.2, 34.3, 34.5Claim an extension of time within 28 days of the delay startingheld in the contract_notice register28 daysbarredMissed claims
cl 25.2, 25.3Notify a latent condition as soon as it is foundheld in the contract_notice registernone setcosts excludedMissed claims
cl 41.1-41.3Claim a variation in writing within 28 days of the directionheld in the contract_notice register28 daysdamages onlyMissed claims

AS 4000-1997 and AS 2124-1992, 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.

OnAS 4000-1997AS 2124-1992
Extension of time claimcl 34.2, 34.3, 34.5: within 28 days. The Superintendent has 28 days to decide or the extension is deemed granted.cl 35.5: within 28 days of the delay starting. Barred if missed, with no deemed grant recorded.
Variation claimcl 41.1-41.3: particulars within 28 days. cl 41.2 says a missed notice shall neither bar nor invalidate the claim. Damages only.cl 46.1: written notice within 28 days. Barred outright.
Latent condition noticecl 25.2, 25.3: notice promptly. 28 days is the cost cut-off, not the notice window.cl 12.2, 12.4: notice forthwith. No day count stated.
What that means in practiceThe softer form unamended, which is why principals amend it. A five business day variation notice or a twenty business day claim window is a special condition, not AS 4000.The harder form as published. Fewer surprises, less room.

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.

Common questions

What does AS 4000-1997 cl 34.2, 34.3, 34.5 require?

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

What does AS 4000-1997 cl 25.2, 25.3 require?

Notify a latent condition as soon as it is found. Missing it: costs excluded. The clause sets no day count. Demiton watches it against the contract_notice register.

What does AS 4000-1997 cl 41.1-41.3 require?

Claim a variation in writing within 28 days of the direction. Missing it: damages only. The window is 28 days. Demiton watches it against the contract_notice register.

Does Demiton hold every obligation in AS 4000-1997 General Conditions of Contract?

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.