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AS 2124

Commercial construction disputes & AS 2124 and AS 2545& arbitration

These affect commercial buildings and civil works. There are many individual and peculiar forms of contract used in the industry as between developer/principal and builder and as between builder and subcontractor.

There are 2 common standard form contracts used in the commercial construction contracts

AS 2124 and AS 2545, published by Standards Australia and written by a committee of construction industry representatives. These contracts deal with a host of the usual reasons for disputation in the commercial construction industry including: retention, performance, termination, provisional sums, latent conditions, progress & schedule of works, suspension, delay, variations, payment.

The standard form contract AS 2124 is however the most commonly used contract as between developer/principal and builder. When this is used then the standard form contract AS 2545 should be used between builder and subcontractor.

These standard form contracts are slightly balanced in favour of the developer for AS 2124 and the builder for AS 2545

However they are from our experience much better all round than the homespun contracts used by some developers and builders in the commercial construction industry.

We have found that some contractors don’t read or fully understand the long written contracts they sign until they get into a dispute and need a lawyer’s advice. Some contractors don’t comply with the notice obligations and so can lose their rights.

If the case goes to hearing Just Law will co-ordinate and instruct all necessary experts who we choose for their experience and expertise and high quality analysis and evidence. James Gray does all his own advocacy, so you don’t have to pay 2 lawyers at a hearing!