Address
{{propApi.title}}
{{propApi.text}} {{region}} Change location{{propApi.title}}
{{propApi.successMessage}} {{region}} Change location Address
{{propApi.title}}
{{propApi.text}} {{region}} Change location{{propApi.title}}
{{propApi.successMessage}} {{region}} Change locationNSW Building contracts and related documents
Learn about all of the various contract documents you can use to be compliant.
Monday, 16th May 2022
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 $5,000 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 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.
Medium Works Commercial Contract - 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
Share with your network:
More articles on:
Find the latest expert advice, guides and much more!
Was this page helpful?
Thank you for submitting your feedback.
Managing your business
Can’t find what you need, check out other resources that might be closer to the mark.
Contracts Online
The industry’s go-to digital platform.
No matter the size of the job, a watertight building contract is critical to protect your business, and the current climate presents a great opportunity to go digital with your contracts.
Member and guest login
Enter your email and password to access secured content, members only resources and discount prices.
Did you become a member online? If not, you will need to activate your account to login.
If you are having problems logging in, please call HIA helpdesk on 1300 650 620 during business hours.
Forgotten password
Need some help?
If you are having problems logging in, please call HIA helpdesk on 1300 650 620 during business hours.
If the email address you have entered is registered, you will receive an email with further instructions.
Become part of the HIA community
Enables quick and easy registration for future events or learning and grants access to expert advice and valuable resources.
Create a guest account
Enter your details below and create a login
You might also like
NSW Authority for Final Payment (Pad of 50)
The NSW Authority for Final Payment Pad offers an effective method of claiming final payment from your client. It’s available in a handy tear-off pad of 50. This is a hard copy document and will be mailed to you once it's purchase...
Non-member price $ 79
Member price $39.5
NSW Claim for Extension of Time (Pad of 50)
This form is to notify the owner of an entitlement to an extension of time when building works have been delayed due to unforeseen circumstances, an owner’s delay or requests for additional work. If you do not notify an owner abou...
Non-member price $ 79
Member price $39.5
NSW Authority for Variation to Contract (Pad of 25)
The Authority for Variation to Contract (pad of 25) details changes or variations to works requiring an update to the contract between builder and owner. It can also be used for variations between builder and sub-contractor. This...
Non-member price $ 79
Member price $39.5
NSW New Dwellings Contract (Pack of 2)
Ideal for building professionals about to work on a new dwelling, available as a pack of two. The fixed price contract allows for all job details to be formalised and provides schedules for progress payments, excluded items, insur...
Non-member price $ 100
Member price $50
NSW Cost Plus Contract (Pack of 2)
This contract is used for residential construction works on a cost plus basis, not a lump sum ‘fixed price’. Costs are totalled and a percentage or fixed sum added for administration, supervision and profit. It allows for project ...
Non-member price $ 100
Member price $50
NSW General Housing Specifications
The NSW General Housing Specifications document forms part of the contract documents which is referred to in the building contract. It details the works to be executed and the materials to be used in carrying out those works at th...
Non-member price $ 45
Member price $22.5
NSW Preliminary Agreement (Pad of 50)
This Preliminary Agreement (pad of 50) is used to cover the cost of the preliminary work before and in preparation of signing the contract. This type of work may include: - preparation of plans - engineering details - obtaining a...
Non-member price $ 79
Member price $39.5
NSW Notice of Practical Completion (Pad of 25)
The NSW Notice of Practical Completion is used to notify an owner when a project will be at practical completion, available as a pad of 50. It sets a time and date for the owner's inspection of the works as part of the handover an...
Non-member price $ 79
Member price $39.5
NSW Small Works between $5K & $20K Contract (Pad of 10)
This contract is a fixed-sum contract used for non-structural, residential renovations and additions, available in a pad of 10 duplicate contracts. It’s suitable for use in the manufacture, supply and installation of: - cabinets a...
Non-member price $ 79
Member price $39.5
NSW Residential Contract for Renovations & Additions (Pack of 2)
NSW Residential Building Contract - Renovations/Additions
Non-member price $ 100
Member price $50
NSW Small Works over $20K Contract (Duplicate)
The NSW Small Works over $20,000 contract (in duplicate) is for residential construction work over $20,000 and complies with the NSW Home Building Act. It's suitable for smaller alteration and renovation projects. This is a hard c...
Non-member price $ 45
Member price $22.5