Episode 5 - The New AS11000: Interview with Ian Bailey SC
In this episode , we hear from two Directors of the Society of Construction Law Australia. Marianne Rose, Commercial Manager (Mouchel) interview Professor Ian Bailey SC (Wentworth Chambers) to gain insight into some of the key features of the new AS 11000.
Representatives from the Society of Construction Law joined with other leading construction industry associations to draft AS 11000.
AS 11000 introduces an obligation to act in good faith onto the parties, as well as an obligation to give early notice of matters that may lead to a dispute. This is an introduction to a softer approach to contracting, and a move away from strictly combative approaches.
AS 11000 works alongside the new dispute resolution standard, AS 11004 which introduces a radical (for Australia) role for someone to assist the parties to deal with matters as they arise, based on the Hong Kong DRA system which is extraordinarily successful.
AS 11000 limits the length and legalistic nature of the language, with a focus on rights and obligations. ‘Must’ also replaces ‘shall’ in the substance of the clauses to assist in making the clauses more readable.
For more information please head to www.scl.org.au or find us on Twitter @SCLAust