How to save a fortune on your capital works and maintenance contracts
Most project owners waste a fortune every year because they use contracts that are overpriced, outdated and unnecessarily complex. You don’t have to.
If you’re tired of:
paying too much for capital works and facilities maintenance contracts,
retraining your staff and supply chain on every new project, and
struggling to find a comprehensive suite of contracts that works across Australia,
then there’s a better way.
What if I told you that a comprehensive, proven, constantly updated suite of contracts is available — and that you can use it for free?
Sounds too good to be true? It isn’t.
The hidden gem: Defence’s Suite of Facilities Contracts
For over 25 years, the Australian Department of Defence has developed and refined a suite of contracts to deliver and maintain its vast facilities portfolio. It’s one of the most comprehensive and road-tested suites in the country — and it’s open for anyone to use, including the private sector.
This suite isn’t theory. It’s used every day to deliver billions of dollars in Defence works. Contractors, consultants, and project managers know it, trust it, and work with it. That means less resistance, fewer disputes, and smoother project delivery.
It covers the everything from high-value construction to minor works and maintenance, including:
a Head Contract for major construction projects (construct-only or D&C, lump sum and/or schedule of rates),
a Managing Contractor Contract, with a template brief,
Medium, Minor, and Micro Works Contracts,
back-to-back Subcontracts,
Design Services and Consultancy Contracts,
an Early Contractor Involvement Contract,
a Maintenance Services Contract,
and all the collateral documents you’ll ever need — from guarantees and novation deeds to design certificates and moral rights consents.
It even comes with proforma notices, user manuals, tender documents, and international versions for overseas projects.
In short: everything you’d otherwise spend tens of thousands of dollars licensing or drafting, ready to go.
The catch? Hardly.
Yes, these contracts include some Defence-specific clauses, like government policy requirements or Defence security provisions. But those can be easily removed or adapted for non-Defence projects.
And here’s the real kicker: while Defence is Australia’s largest buyer and has secured owner-friendly risk allocations, private sector owners can still benefit. True, you may need to tweak risk allocations to reflect market appetite or obtain better pricing — but even then, you’re starting with a tried and tested, market-accepted base.
How do other options compare?
Here’s the reality check:
Standards Australia: Mostly 20+ years out of date. AS4000 has had a 2025 facelift, but risk allocation remains stuck in the past. Updating the rest will take years. An annual licence for AS4000: 2025 for 1-2 users costs $945 plus GST.
NEC4: Comprehensive and modern, but licences cost a fortune. Expect ~$6,000 for a single-user full suite licence per year, or ~$35,000 annually for a corporate full suite licence. And your tenderers will need to obtain their own licences.
FIDIC: Well-regarded internationally, but unfamiliar in Australia. Lacks a maintenance contract and supply contracts. Bespoke licences cost ~$2,500 per contract.
ABIC: Cheaper (around $180 plus GST per document) but architect-driven and far less comprehensive.
Or you can pay a law firm to draft bespoke contracts. That has its place — especially when tailoring risk or strategy — but bespoke drafting and amendments often erode the very benefits of standardisation.
Why standardise?
Every time you use a new or heavily amended form, you:
slow down procurement,
increase legal costs,
make training harder, and
invite negotiation and disputes.
Standardisation flips the script. You save money, simplify delivery, and build consistency across projects.
And unlike other standard forms, the Defence suite gives you breadth, depth, and proven performance — without the licensing fees.
Let’s do it
I’m seriously considering making a streamlined, non-Defence version of these contracts available through my website.
Would you use them?
If you’re a project owner, I think the answer is obvious.
So if you want to stop wasting money on contract licensing fees and start standardising your capital works and maintenance program today, get in touch.
Contact Owen Hayford on 0412 664 580 or at owen.hayford@infralegal.com.au.
