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Contracts and standards / Commonwealth of Australia

AS 4902-2000 General Conditions of Contract for Design and Construct (AS 4902-2000)

conditions of contract, published by Standards Australia, 2000, incorporating Amendment No. 1 (reissued March 2005). Commonwealth of Australia.

Noble and overburdened. It signs up to carry the whole design on its back so the principal does not have to, and then discovers that single point of responsibility is a euphemism for you.

The detail it turns onclause 34.3clause 37.4single point of responsibilityfitness for purpose

4 obligations, clause by clause.

Four obligations: the three that AS4000 and AS2124 also carry, plus the Final Payment Claim. The register records the extension-of-time bar as contested, because clauses 41.2 and 34.5 pull against it, and that dissent is on the page rather than smoothed over.

Where it is writtenThe obligationWindowIf missedDisease
cl 34.2, 34.3, 34.5Claim an extension of time within 28 days of when the delay's cause should reasonably have been knownheld in the contract_notice register28 daysbarredMissed claims
cl 25.2, 25.3Notify a latent condition promptly, and before disturbing it where possibleheld in the contract_notice registernone setcosts excludedMissed claims
cl 41.1-41.3Notify a claim as soon as practicable and give its particulars within 28 days of the noticeheld in the contract_notice register28 daysdamages onlyMissed claims
cl 37.4Give the Final Payment Claim within 28 days after the last defects liability period expiresheld in the contract_notice register28 daysbarredDisputes

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 4902-2000 cl 34.2, 34.3, 34.5 require?

Claim an extension of time within 28 days of when the delay's cause should reasonably have been known. Missing it: barred. The window is 28 days. Demiton watches it against the contract_notice register.

What does AS 4902-2000 cl 25.2, 25.3 require?

Notify a latent condition promptly, and before disturbing it where possible. Missing it: costs excluded. The clause sets no day count. Demiton watches it against the contract_notice register.

What does AS 4902-2000 cl 41.1-41.3 require?

Notify a claim as soon as practicable and give its particulars within 28 days of the notice. Missing it: damages only. The window is 28 days. Demiton watches it against the contract_notice register.

What does AS 4902-2000 cl 37.4 require?

Give the Final Payment Claim within 28 days after the last defects liability period expires. Missing it: barred. The window is 28 days. Demiton watches it against the contract_notice register.

Does Demiton hold every obligation in AS 4902-2000 General Conditions of Contract for Design and Construct?

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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