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NSW Building contracts and related documents

Learn about all of the various contract documents you can use INS to be compliant.

HIA have a range of contracts and contract documents to suit your situation. Outlined below is a brief description of each and the type of building work each document might be suitable for.

Residential contracts

All HIA residential building contracts comply with the legal requirements under the NSW Home Building Act.

NSW Residential Building Contract for New Dwellings

  • Suitable for the construction of a new home.
  • Fixed price contract subject to variations and other price adjustments.
  • If you take over incomplete works from another builder, you may use this contract if substantial work is still required to be completed. For example, when the previous builder has completed the framework only.

NSW Residential Building Contract for Renovations and Additions

  • Fixed price contract subject to variations and other price adjustments.
  • Similar to the New Dwellings contract, with additional clauses specific to alterations, additions and renovation type of work.

NSW Residential Building Contract for Works on a Cost Plus Basis

  • To be used where it is not possible to accurately price the work when the contract is signed.

NSW Kitchen, Bathroom and Laundry Supply and Install Contract

  • To be used for the supply and installation or renovation of kitchens, bathrooms or laundries.

NSW Residential Building Contract for Small Works over $20,000

  • Designed for residential building work which is not complex over $20,000.
  • Suitable for smaller alteration and renovation projects.

NSW Residential Building Contract for Small Works between $5000 and $20,000

  • Suitable for residential building work where no insurance under the Home Building
  • Compensation Fund is required.
  • Not for use where the cost of the work is greater than $20,000.
  • Suitable for use in the manufacture, supply and installation of cabinets and related works, bathroom renovations, carports, garages, pergolas and other small jobs costing less than $20 000.

Commercial contracts

Medium Works Commercial Contract – with or without an Architect or Superintendent

  • Suitable for small and medium size commercial building work.
  • There are two versions of this contract available to provide for situations where:
    • An architect, engineer or other professional is engaged to superintend the building works;
    • There is no superintendent;
  • Both versions are fixed price contracts however can be converted to a Cost-Plus contract.

Small Works Commercial Contract

  • Designed for commercial building work with a value of up to $50,000.
  • The style and approach aligns with our other suite of contracts.

Trade contracts

Project Trade Contract

  • This contract is for use between principals (builders) and trade contractors (subcontractors)
  • It sets out the terms and conditions that relate to the performance and completion of trade work.
  • The contract can also be used to provide evidence that a commercial relationship (rather than an employment relationship) exists between the parties.

Period Trade Contract Conditions

  • This is a trade contract designed to reduce paperwork where you have an ongoing relationship or regular jobs.
  • It is identical to the project trade contract but allows for negotiation on the period that the contract runs and the length of the defects liability period.
  • The contract conditions are to be used together with a Work Order or quote.

Work Order

  • The Work Order sets out the details for each job, including a description and cost of the work.

Other contract documents

Preliminary Agreement

  • For use to cover the cost of the preliminary and non-building related work prior to and in preparation for the signing of a contract.
  • This type of work may include preparation of plans, engineering details, obtaining appropriate approvals for building works and any necessary applications to enable a building contract to be signed.

Variation Document

  • This document helps you satisfy the legal requirements that any variations must be agreed to and in writing and must include specific details.
  • If the variation is for residential building work and it does not comply with the Home Building Act 1989 you may not be entitled to be paid for the variation work.

Notice of Practical Completion

  • This notice is used to formally notify an owner when the project is complete.
  • It is also used to initiate the time and date for the owner’s inspection of the works as part of the hand over and payment procedure.

Claim for Extension of Time

  • This notifies an owner of an entitlement to an extension of time when the carrying out of the building works is delayed due to unforeseen circumstances, an owner’s delay or requests for additional work.
  • If you do not notify an owner about your entitlement to an extension of time in writing you may have to pay agreed damages for late completion.

Progress Payment Claim Certificate

  • Similar to an invoice or statement, this provides an efficient means for the builder to claim payment from the client or financial institution.

Tax Invoice

  • HIA has made invoicing simple by filling in the blanks. 
  • ABN and GST spaces are provided.

To find out more, contact HIA's Workplace Services team

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