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Whenever using a contract, it is important that you understand its terms and know how to administer it correctly. Below is a summary of some of the important provisions of the HIA Kitchen, Bathroom and Laundry (KBL) Supply and Install contract for use in NSW.
Before signing a kitchen, bathroom or laundry contract in NSW, it’s important to understand your key obligations around insurance, deposits and payment claims. This section explains when Home Building Compensation cover is required, the maximum deposit you can charge, and how to correctly structure and claim progress payments under the contract.
If the work you will be doing is valued at more than $20,000, you need to take out insurance under the Home Building Compensation (HBC) Scheme (often referred to a Home Warranty Insurance or HBCF) unless an insurance exemption applies, which might apply for some KBL works. You must not carry out such residential building work or demand or receive any part of the contract price until insurance is in force and the client has been provided with a certificate of insurance.
If you are contracted to do residential building work that consists only of built-in furniture work, and any incidental electrical wiring work involved in the installation of lighting as part of built-in furniture, the contract is exempt from the requirements to take out insurance under the HBC if the work is done under a separate contract and not as part of a contract for other residential building work.
For the purposes of this exemption, built-in furniture work means the making and installation of furniture that is made to measure and fixed to a dwelling (such as built-in cupboards, bench tops, wardrobes, entertainment units and the like), and which may be made off-site and installed as a complete unit.
The KBL contract includes a note at Item 9 of Schedule 1 regarding this exemption. If your works are exempt, you should highlight this note to the owner, and item 13 of the Consumer Checklist.
Your contract requires that you take out public liability with a cover of at least $10 million.
If the owner tells you to insure the products you will be installing against loss or damage occurring after they are delivered to site or to similarly insure the owner’s property whilst you are carrying out the installation, you can charge this extra cost back to the owner plus another 20% for arranging the insurance.
For more information, contact HIA Insurance Services on 1800 633 467. Or visit the website:
The Kitchen, bathroom and laundry contract allows you to nominate progress stages that will act as a trigger for payment. The amount claimed under each stage should reflect the actual value of work completed within that stage. For fixed priced contracts, you will be able to claim a progress payment following the completion of the stage of work. It is important that the work described in a progress stage is complete before submitting a claim. Each stage must be described in clear and plain language.
Should you choose to use a HIA Works on a Cost Plus Basis contract for your building works, you will be able to make a progress payment claim for labour and materials already performed or costs already incurred at intervals fixed by the contract or on an ‘as invoiced’ basis and can include a margin. These claims for progress payments must be supported by invoices, receipts or other supporting documentation.
Once the contract is signed, you need to understand how to correctly manage provisional sums, extensions of time, variations and payment disputes. This section explains when the contract price can change, the steps required to claim additional time, why variations must be in writing, and what options are available if a client fails to pay.
Once work starts on site, it’s critical you understand each party’s responsibilities around site access, trades, safety and unpaid work. This section explains the owner’s obligations to provide access and prepare the site, what happens when owners engage their own trades, and the risks involved in attempting to recover installed materials where payment disputes arise.
The above is intended to provide general information in summary form. The content does not constitute specific advice and should not be relied upon as such. Formal advice should be sought by members and customers with respect to particular matters before taking action.
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