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ARTICLE · 11 JULY 2019

Is NEC4 the way forward for standard construction contracts in Australia?

Holding Redlich
Holding Redlich
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The NEC4 suite may be a preferred alternative to the AS4000 standard construction contracts currently used in Australia.

AustraliaReal Estate and Construction

Major project delivery around Australia has historically relied on the Australian Standard form of contracts for construction, in particular the AS4000 suite of contracts.

Introduced in the late 1990s, this suite of contracts is now almost two decades old.

Having regard to their vintage, there is a broad recognition and acceptance that these standard form contracts need to be updated, or alternatives need to be considered. This includes by the organisation that created them and licenses them being SAI Global.

Over the last four years there has in fact been a project, as a joint initiative between SAI Global and the Society of Construction Law to replace the outdated forms of contract AS2124 (1986 and 1992) and AS4000 (1997) with a new form of contract, AS110000: 2017. The development of this new form of contract ceased (although not permanently) in 2018 despite it being almost complete and ready for publication.

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