{{ propApi.closeIcon }}
Our industry
Our industry $vuetify.icons.faArrowRight
Economic research and forecasting Economics Housing outlook Tailored market research Economic reports and data Inspiring Australia's building professionals HOUSING The only place to get your industry news Media releases Member alerts Submissions See all
Business support
Business support $vuetify.icons.faArrowRight
Become an apprentice host Hire an apprentice Why host a HIA apprentice? Apprentice partner program Builder and manufacturer program Industry insurance Construction legal expenses insurance Construction works insurance Home warranty insurance Tradies and tool insurance Planning and safety services Building and planning services How can HIA Safety help you? Independent site inspections Solutions for your business Contracts Online HIA Tradepass HIA SafeScan HR Docs Trusted legal support Legal advice and guidance Professional services Industrial relations
Resources & advice
Resources & advice $vuetify.icons.faArrowRight
Building it right Building codes Australian standards Getting it right on site See all Building materials and products Concrete, bricks and walls Getting products approved Use the right products for the job See all Managing your business Dealing with contracts Handling disputes Managing your employees See all Managing your safety Falls from heights Safety rules Working with silica See all Building your business Growing your business Maintaining your business See all Other subjects COVID-19 Getting approval to build Sustainable homes
Careers & learning
Careers & learning $vuetify.icons.faArrowRight
A rewarding career Become an apprentice Apprenticeships on offer Hear what our apprentices say Advice for parents and guardians Study with us Find a course Get your builder's licence Learn with HIA
HIA community
HIA community $vuetify.icons.faArrowRight
Join HIA Sign me up How do I become a member? What's in it for me? Get involved Become an award judge Join a committee Partner with us Get to know us Our members Our people Our partners Mates rates What we do Mental health program Charitable Foundation GreenSmart
Awards & events
Awards & events $vuetify.icons.faArrowRight
Awards Australian Housing Awards Awards program National Conference Industry networking Events
HIA products
HIA products $vuetify.icons.faArrowRight
Shop @ HIA Digital Australian Standards Contracts Online Shipping and delivery Purchasing terms & conditions Products Building codes and standards Hard copy contracts Guides and manuals Safety and signage See all
About Contact Newsroom
$vuetify.icons.faTimes
$vuetify.icons.faMapMarker Set my location Use the field below to update your location
Address
Change location
{{propApi.title}}
{{propApi.text}} {{region}} Change location
{{propApi.title}}
{{propApi.successMessage}} {{region}} Change location

$vuetify.icons.faPhone1300 650 620

Client-supplied products: What should a builder check?

The information here is intended to provide builders with guidance on how to manage a contract where the client supplies, and perhaps installs, a product that is required to comply with the National Construction Code (NCC) . This scenario is becoming increasing common in the building sector, with clients often attempting to save money by buying either online or directly from a manufacturer.

Builders need to be aware how to legally protect themselves in cases where clients supply their own products so that they can comply with the terms of their contract and the NCC.

The building contract

It is essential that the building contract details all the items that a client has elected to take on responsibility for in relation to supply and/or installation of a product. This will ensure that everyone knows what they are responsible for and limit the potential for disputes if there are any problems with the product or workmanship. 

What to consider

You should explain to the client that where the product needs to comply with the NCC they are legally obliged to supply and/or install a conforming product, which may include documentation that verifies a product’s conformance.

Should non-conforming product/s be supplied by the client, this has the potential to delay work and may permit the builder to claim delayed costs from the client. If the matter cannot be resolved there is also the potential that the final certification (occupancy certificates, etc) could be withheld by the building surveyor.

If you are installing a product supplied by the owner you should ensure you obtain evidence of conformance with the NCC prior to installation. Asking after the work has been completed may be too late. 

You should explain to the client that should any costs be incurred for replacement of non-conforming products and/or delays in the construction schedule due to the non-conforming issue they will be liable for such costs. 

Ensuring product compliance

It is important to understand and adhere to the conformance requirements within the NCC. This generally relates to the structural elements, weatherproofing, fire safety and energy efficiency of a home.

The structural elements and verification methods include but are not limited to:

  • Concrete – Evidence from concrete supplier, which may include test results
  • Reinforcing (mesh and bar) – Certificate from an engineer or appropriately qualified person, or a certificate from an industry conformance scheme
  • Structural grade timber and laminated veneer timbers – Certificate from industry conformance scheme
  • Structural steel – Certificate from an engineer or appropriately qualified person
  • Structural framing – Certificate from an engineer or appropriately qualified person
  • Timber framing – Certificate from an engineer or appropriately qualified person
  • Windows and glazed doors – Appraisal from a Accredited Testing Laboratory
  • Masonry – Product technical information
  • Termite management – Product certification such as Codemark.

Where products are supplied that may influence the weatherproofing, fire safety and energy efficiency of a home you will need to refer to the NCC for the relevant Australian Standard and evidence of proof sought.

Non-compliance with the BCA

If a product supplied by the client does not include information that demonstrates conformance with the NCC, the safest option for you as the builder is not to install it and to put the onus on the client to provide you with evidence.

You may need to consider temporarily suspending the contract until the issue is resolved, which can delay your work schedule.

Always remember – to help reduce issues arising during a building contract it is important to clearly detail and communicate to the client both their obligations when supplying and/or installing a product and your obligations and rights as the builder.

To find out more, contact HIA’s Building Services team.

Email us

Share with your network:

More articles on:

{{ tag.label }} {{ tag.label }} $vuetify.icons.faTimes
Find guides, how-tos, resources and more

Business support


 

Supporting building professionals with custom built services and products.

  • Legal support
  • Contracts Online
  • Host an apprentice
  • Insurance services
  • Managing safety

Explore Business support

HIA Tradepass


 

HIA Tradepass takes the hassle out of collecting and verifying contractor business information and registrations. Developed by HIA specifically to suit the needs of residential builders.

  • Save time and money – get on site quicker
  • Less time on paperwork and more time building

Take me there