Australian Standard Contracts
AS 2124 Construction Contract Advice
AS 2124-1992 is the long-standing construct-only contract still used across civil, engineering and building work. Advice, review, special conditions and disputes, from a solicitor and registered architect.
AS 2124-1992, the General Conditions of Contract, is a construct-only standard form with a long history in Australian construction. It is drafted for a wide range of civil engineering, building, and mechanical and electrical engineering work, and although it predates AS 4000, it remains in wide use, particularly on government, civil and infrastructure projects.
Like AS 4000, it is administered by a Superintendent who certifies payments and decides claims. The Superintendent is required to act honestly and fairly, the standard used in the earlier suite. AS 2124 is often chosen because parties and their advisers know it well, and because a large body of case law has grown up around its clauses.
AS 2124 is almost always modified by special conditions, and principals frequently amend it to narrow the contractor grounds for an extension of time, which are relatively broad in the unamended form. Understanding those amendments, and what they shift, is central to advising on an AS 2124 contract.
Where Christopher can help with AS 2124
AS 2124 has been in use for decades, and its clauses reward an adviser who knows how they operate in practice and in the courts. Whether you are the principal or the contractor, here is where Christopher can help.
Special conditions
Drafting and reviewing the special conditions that adapt AS 2124 to your project, including the extension of time and delay provisions principals most often amend.
Contract review before signing
A review of the general conditions, annexures and special conditions before you sign, so you know where the risk sits for the party you act for.
Administration and certification
Advice on the Superintendent role, claim assessment and certification under the honest and fair standard, grounded in hands-on contract administration experience.
Disputes and adjudication
Strategic advice on claims, certifications and delay disputes, informed by direct experience as an adjudicator under security of payment legislation.
Key features of AS 2124
Construct only
The principal supplies the design and the contractor builds to it. Design responsibility stays with the principal and its consultants unless special conditions provide otherwise.
Superintendent administration
A Superintendent administers the contract, assesses claims and certifies payment, and is required to act honestly and fairly in doing so.
Broad extension of time grounds
In its unamended form, the grounds on which a contractor can claim an extension of time are relatively broad, which is why principals often narrow them by special condition.
A deep body of case law
Because AS 2124 has been in use for decades, its clauses have been considered by the courts many times, giving a well-developed understanding of how they operate.
When AS 2124 is used
- Civil, engineering and infrastructure projects, including government work
- Construct-only procurement where the principal holds the design
- Projects where parties prefer a form with extensive case law behind it
- Head contracts intended to sit above an AS 2545 subcontract
The AS 2545-1993 subcontract
AS 2545-1993 (Subcontract Conditions). AS 2545-1993 is the subcontract companion to AS 2124, used to pass head-contract obligations down to subcontractors on a back-to-back basis.
Get advice on your AS 2124 contract
Before you sign or issue an AS 2124 contract, it pays to know how its special conditions shift the balance, particularly around extensions of time and delay. Christopher can review the contract, advise on the amendments, and act if a claim or certification becomes contentious.
Common questions about AS 2124
What is AS 2124?
AS 2124-1992 is an Australian Standard setting out general conditions of contract for construction work. It is a construct-only form, administered by a Superintendent, suitable for a wide range of civil engineering, building, and mechanical and electrical engineering projects. It predates AS 4000 but remains in wide use, particularly on government and civil work.
Is AS 2124 still used?
Yes. Although AS 4000-1997 was developed as a modern successor, AS 2124-1992 is still widely used, especially on civil, engineering and government projects. Many principals and advisers know it well, and a substantial body of case law has developed around its clauses, which is part of why it continues to be chosen.
What is the difference between AS 2124 and AS 4000?
Both are construct-only forms administered by a Superintendent. AS 2124-1992 is the earlier contract and requires the Superintendent to act honestly and fairly, while AS 4000-1997 is the modern form and requires the Superintendent to act reasonably and in good faith. In their unamended forms, AS 2124 tends to give the contractor broader grounds for an extension of time than AS 4000. The right choice depends on the project and the parties.
Does AS 2124 need special conditions?
Almost always. AS 2124 is rarely used unamended. Principals commonly add special conditions to narrow the contractor grounds for an extension of time and to adjust risk, payment and dispute provisions. Because those amendments can significantly change the balance of the contract, reviewing or drafting them carefully is important.
Which edition of AS 2124 applies, and are there newer versions?
AS 2124-1992 is the current edition and the one in use today. It improved on the earlier 1986 edition, and Standards Australia has not published a newer edition since, so unlike AS 4000 there is no modernised 2025 version of AS 2124. A proposed unified contract, AS 11000, was drafted in 2015 to replace both AS 2124 and AS 4000 but was never finalised, so AS 2124-1992 continues as published.
Keep reading
Australian Standard contracts overview
How the AS suite fits together and which standard form suits your project.
ContinueAS 4000 contract advice
The modern construct-only form that followed AS 2124.
ContinueAS 4300 design and construct
The design and construct counterpart from the same earlier suite.
ContinueContract review before signing
A dual-qualified review of the contract and its special conditions before you commit.
ContinueDiscuss your contract
Talk through your standard form contract with a solicitor who is also a registered architect.
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