Australian Standard Contracts
AS 4902 Design and Construct Contract Advice
AS 4902-2000 is the most widely used design and construct contract in Australia. Advice on design risk, novation, special conditions and its AS 4903 subcontract, from a solicitor and registered architect.
AS 4902-2000, the General Conditions of Contract for Design and Construct, is the modern design and construct form and part of the AS 4000 suite. It is the most widely used design and construct standard form in Australia, and the successor to AS 4300-1995. Where a construct-only contract keeps the design with the principal, AS 4902 makes the contractor responsible for the design as well as the construction.
Being part of the AS 4000 suite, it shares that family framework, including a Superintendent who is required to act reasonably and in good faith. It supports design and construct, design development and construct, and design novate and construct, and it deals with the design obligations, warranties and novation that define design and construct procurement.
AS 4902 is almost always amended by special conditions, and principals commonly use them to push design and fitness for purpose risk firmly onto the contractor. Because those amendments decide who carries the design risk, and whether it is insurable, understanding them is central to advising on an AS 4902 contract.
Where Christopher can help with AS 4902
On an AS 4902 project the amendments decide who carries the design risk and whether it stays insurable, and the same obligations have to flow down to AS 4903 subcontractors. Christopher advises on all of it. Here is where he can help.
Design risk and warranties
Advice on how design responsibility, design warranties and fitness for purpose are allocated under AS 4902 and any special conditions, and whether that allocation is workable and covered by professional indemnity insurance.
Novation and the deed
Advice on novating design consultants to the contractor, the terms of the deed of novation, and what changes for design responsibility when it takes effect.
Special conditions
Drafting and reviewing the special conditions that shift design and fitness for purpose risk, so the amendments achieve what you intend and remain insurable.
AS 4903 subcontracts
Advice on back-to-back AS 4903 subcontracts, so design and construct obligations flow down to subcontractors without leaving gaps in the chain.
Key features of AS 4902
Design and construct
The contractor is responsible for the design as well as the construction, taking on design obligations, warranties and, where amended, fitness for purpose.
Part of the AS 4000 suite
AS 4902 shares the modern AS 4000 framework, including a Superintendent who must act reasonably and in good faith, so it aligns cleanly with an AS 4000 construct-only contract on the same programme.
Novation options
Supports design novate and construct, where the principal design consultants are novated to the contractor so one party carries design and delivery risk.
The AS 4903 subcontract
Its subcontract companion, AS 4903-2000, lets the head contractor pass design and construct obligations down to subcontractors on a back-to-back basis.
A modernised edition is anticipated
Following the AS 4000:2025 update, Standards Australia has committed to reviewing the wider AS 4000 suite, including AS 4902 and AS 4903. At present, AS 4902-2000 remains the current edition.
When AS 4902 is used
- Design and construct projects where the contractor designs and builds
- Design novate and construct procurement with consultant novation
- Projects wanting a modern design and construct form aligned to AS 4000
- Head contracts intended to sit above an AS 4903 subcontract
The AS 4903-2000 subcontract
AS 4903-2000 (General Conditions of Subcontract for Design and Construct). AS 4903-2000 is the design and construct subcontract companion to AS 4902. It is used to pass the head contractor design and construct obligations down to subcontractors on a back-to-back basis, so responsibility for design and delivery flows through the whole contract chain. Advice on AS 4902 and AS 4903 together keeps the head contract and its subcontracts aligned.
Get advice on your AS 4902 contract
Before you commit to an AS 4902 contract, get the design risk, novation and fitness for purpose terms reviewed, and make sure your AS 4903 subcontracts line up. Christopher can draft or review the head contract and its subcontracts so the whole chain holds together.
Common questions about AS 4902
What is AS 4902?
AS 4902-2000 is the Australian Standard general conditions of contract for design and construct. It makes the contractor responsible for the design as well as the construction, and it is part of the modern AS 4000 suite, administered by a Superintendent who must act reasonably and in good faith. It is the most widely used design and construct standard form in Australia and the successor to AS 4300-1995.
What is AS 4903 and how does it relate to AS 4902?
AS 4903-2000 is the general conditions of subcontract for design and construct, and the subcontract companion to AS 4902. Where AS 4902 is the head contract between principal and contractor, AS 4903 is used between the contractor and its subcontractors to pass down design and construct obligations on a back-to-back basis. Using them together keeps the head contract and subcontracts aligned, so responsibility for design and delivery flows cleanly through the chain.
What is the difference between AS 4902 and AS 4300?
Both are design and construct forms. AS 4300-1995 is the earlier contract, aligned with AS 2124. AS 4902-2000 is its modern successor, part of the AS 4000 suite, requiring the Superintendent to act reasonably and in good faith and updating several mechanisms. AS 4902 is now the more commonly used design and construct form, while AS 4300 tends to appear on legacy arrangements.
Does AS 4902 need special conditions?
Almost always. AS 4902 is a balanced starting point, but principals commonly amend it by special conditions, particularly to push design and fitness for purpose risk onto the contractor. Because those amendments decide who carries the design risk and whether it remains insurable, drafting and reviewing them carefully is where advice matters most on an AS 4902 contract.
Is there an updated or 2025 version of AS 4902?
Not yet. The 2025 modernisation applied to AS 4000, the construct-only form. Standards Australia has said it will review the wider AS 4000 suite, including the design and construct contract AS 4902 and its AS 4903 subcontract, following that update, so a modernised edition is anticipated in due course. As things stand, AS 4902-2000 remains the current edition, and it is the version your contract will refer to unless it expressly adopts a later one.
Keep reading
Australian Standard contracts overview
How the AS suite fits together and which standard form suits your project.
ContinueAS 4300 design and construct
The earlier design and construct form AS 4902 replaced.
ContinueAS 4000 contract advice
The construct-only form from the same modern suite.
ContinueContract review before signing
A dual-qualified review of the contract and its special conditions before you commit.
ContinueContract administration advisory
Advice on the Superintendent role, certification, variations and extensions of time.
ContinueDiscuss your contract
Talk through your standard form contract with a solicitor who is also a registered architect.
Continue