Buildings - AS2124 Construct Only

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Links to Current Contract Templates

AS2124-1992 Special Conditions
Current Update - Version 12A - April 2025

Current Contract Amendments

Clause	Comments
Clause 2	Clause 2 – Interpretation Added new definitions: “Arrangement”, “Declared Organisation”, “Irrelevant Factor”, “List of Outstanding Items”, “Outstanding Items”
Clause 5.7	Reduction of Security and Retention Moneys Amended to add Subclause 5.7.1 and amend 5.7.2 as follows: 5.7.1 Upon the later of: (a) the Date of Practical Completion of all of the Works under the Contract; (b) the rectification of defects and omissions in the work under the Contract notified to the Contractor at or prior to the date of the Certificate of Practical Completion has been completed as required by the Superintendent (acting reasonably), (c) the date on which the Contractor has given to the Superintendent all operating manuals, warranties and guarantees for the Works; and (d) the date on which the Contractor completes all Outstanding Items as identified pursuant to clause 42.5. the Principal’s entitlement to security and retention monies will be reduced to 1% of the Contract Sum. The Principal shall, within 14 days of the entitlement reduction, release security and retention moneys in excess of the entitlement. 5.7.2 Notwithstanding clause 5.7.1, at the Superintendent’s discretion, if, in the opinion of the Superintendent it is reasonable to further reduce the Principal’s entitlement to security and retention moneys, that entitlement shall be reduced to the amount which the Superintendent determines to be reasonable. The Principal shall, within 14 days of the Superintendent making such a determination, release security and retention moneys in excess of the entitlement.”
Clause 9.2	Added after paragraph 4 provisions requiring all subcontracts to: * include provisions equivalent to clauses 66 (Modern Slavery), 67 (Fraud Control) and 68 (Anti-Corruption). * incorporate security provisions which align with those set out in clause 5 and the value of subcontractor security must not exceed a total of 3% of the subcontract sum.
Clause 42.1	Insert new paragraph at the end of clause 42.1: “The Principal shall not make payment for any Outstanding Items identified pursuant to clause 42.5 until such time as they are completed by the Contractor.”
Clause 42.5	Add the following to the end of clause 42.5: “The Superintendent may in its absolute discretion attach a List of Outstanding Items to the Certificate of Practical Completion. The List of Outstanding Items must identify all Outstanding Items which must be executed, remedied, addressed or completed by the Contractor, and the timeframes for completion of each item. The Contractor must complete the Outstanding Items within the timeframes in the List of Outstanding Items, and otherwise, to the satisfaction of the Superintendent.”
Clause 44.2	Default by the Contractor. Added at the end of the clause: (i) failing to comply in part or in whole with the requirements of subclauses 67.1 and 67.3 in relation to fraud control; or (j) failing to comply in part or in whole with the requirements of subclauses 68.2 to 68.5 (inclusive) in relation to corruption.
Clause 51	Authorities Schedule 1A Added clauses 67 and 68 to the end of the table. Authorities Schedule 1D Added clause 69 to the end of the table.
Clause 60	Respectful Behaviour Replaced clause to align with shift towards gender-based violence (previous clause addressed violence against women) and zero tolerance towards all forms of acceptable behaviours.
Clause 66	Modern Slavery New Clause added in relation to modern slavery.
Clause 67	Fraud Control New Clause added requiring the Contractor to prevent, detect, investigate and mitigate fraudulent activities.
Clause 68	Anti-Corruption New Clause added in relation to anti-corruption which requires: * the Contractor to provide to the Principal a report confirming compliance with all statutory requirements regarding the offering of unlawful inducements; and * that the selection or engagement of subcontractors, consultants and suppliers by the Contractor are not influenced by an Irrelevant Factor.
Clause 69	Audit New Clause proving the Principal with audit rights
Annexure	item 10 Updated to - "3% of the Contract Sum (GST Exclusive portion) to be provide as 2 separate undertakings, with values of 2% and 1% of the Contract Sum"