AS4000 construction contract review checklist
AS4000 is the Australian Standard general conditions contract widely used for commercial and civil projects. This checklist is for construction lawyers reviewing AS4000 before execution.
This is a 12-step checklist for reviewing an AS4000 construction contract. It covers annexures, superintendent powers, payment, EOT, variations, and defects liability.
The checklist
Review Annexure Part A
Check Annexure Part A for contract sum, dates, LD rates, security, and insurance.
Review Annexure Part B
Check Annexure Part B amendments for special conditions and departures.
Review superintendent role
Check the superintendent's role, dual function, and independence requirements under cl 20.
Check security and retention
Confirm security amounts, form, and release conditions under cl 5.
Review progress payment process
Check cl 37 payment claim, payment schedule and payment timing.
Check SOPA compliance
Confirm payment provisions comply with the state Security of Payment Act.
Review variations clause
Check cl 36 variation process, pricing, and time bars.
Review EOT clauses
Check cl 34 EOT categories, notice requirements, and concurrent delay treatment.
Check practical completion
Review cl 34.6 practical completion definition and certification.
Review liquidated damages
Check the LD rate, cap, and application from practical completion.
Review defects liability period
Check cl 35 defects liability period length and rectification process.
Review dispute resolution
Check cl 42 dispute resolution — notice, conference, expert determination, arbitration.
When this checklist applies
Use when reviewing an AS4000 contract before principal or contractor execution.
Common pitfalls
- EOT time bars missed due to strict notice requirements
- Superintendent independence not addressed
- Security release conditions unclear
- LD cap not specified in Annexure Part A
- SOPA compliance gap on payment schedule timing
Run this checklist on a real matter
Quillio can review an AS4000 contract, extract annexure departures, and flag SOPA gaps. See /practice-areas/construction-lawyers or start a free trial.
General guidance for AS4000 reviews. Adapt to project and amendments in Annexure Part B.
Use this checklist on your matter.
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