Standard Contracts

Consult Australia advocates for fair contracts for consulting professionals. On this page we provide information on:

 

  • The Consult Australia Contract Suite
  • AS4122-2010 Standard Contract
  • The FIDIC contract
  • NEC contracts
Standard contracts

Consult Australia Contract Suite

Consult Australia has produced a suite of contracts for use in the engagement of professional consulting services. The contracts have balanced rights and obligations between the parties. The two contracts in the suite are:

  • Consultant Contract
  • Subconsultant Contract

These contracts are for use in the engagement of professional services and are designed to be used by consultants of various sizes and disciplines across a range of projects.

 

The Consultant and Subconsultant Contract have a balance in the role and responsibilities for both clients/lead consultants and consultants/subconsultants respectively. The contracts have a liability cap, appropriate limits on liability, as well as a focus on dispute resolution.

Each contract has a corresponding Advisory Note that explores what is and isn't included in the contract and why. It is also talks to the relationship between the contract and the Australian Consumer Law. It is hoped that the Advisory Note will assist all parties to use the contracts. 


The contracts are standard form contracts, which can have implications under the Australian Consumer Law, including unfair contract term protections and statutory consumer guarantees. It is recommended that consultants read the  Guide to the Unfair Contracts Terms Law published by the ACCC, available here. For further information on statutory consumer guarantees visit the ACCC website here


Both the Consultant and Subconsultant contracts are available in the Consult Australia store. Please make sure you are logged in to view them. The contracts are FREE for members. For non-members, each contract is $749 (+GST) or $1,349 (+GST) for the suite.

AS4122-2010 Standard Contract

Consult Australia recommends AS4122-2010 – General Conditions of Contract for Consultants as it is the Australian Standard and includes balanced rights and obligations for parties. For example, it includes a liability cap, appropriate limits on liability, a sensible novation clause and a focus on dispute resolution. Consult Australia was instrumental in the design of the Australian Standard, and it represents a negotiated outcome involving consultants, constructors and government representatives. You can buy copies of AS4122-2010 from Standards Australia. Government clients often use AS4122-2010 with lengthy special conditions – Consult Australia advocates against changes that undermine the intent of AS4122-2010. If you see unreasonable special conditions to AS4122-2010 you can refer those to us for advocacy action.

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FIDIC Contract

Consult Australia is a member of the International Federation of Consulting Engineers (FIDIC). The FIDIC Consultant Model Services Agreement is used throughout Asia and the Middle East and presents a balanced contract for clients and consultants.

NEC Contracts

The NEC Suite of Contracts centres on collaboration in the contracting arrangements. NEC was developed in the UK and is used throughout Europe and on selected projects in Australia.

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