Standards Australia have once again pushed back the release date
of the AS11000 contract after receiving negative feedback on the
draft version from industry stakeholders. The contract is intended
to replace AS2124-1992 and AS4000-1997, which form the basis of
many major government construction projects in Queensland. Clauses
which may be of concern to principals include:
Clause 2.1 (Good faith)
Each party to the contract is obliged to act in good faith
towards each other. This clause can trigger a number of issues.
Broadly speaking, good faith in legal relationships imposes a
general standard of fair dealing between parties, particularly
relevant when negotiating, performing agreements and resolving
disputes. However, there is no clear line in the sand. The
expression "good faith" is undefined in the Contract, and
therefore the scope of this this obligation is unclear.
