Special Conditions ABIC BW 2018 C

These Special Conditions, prepared by Christopher Larcos of Larcos Law, are intended for use with the ABIC BW 2018 C Commercial Basic Works Contract, where the work is residential building work carried out in New South Wales, and the contract price exceeds $20,000.

ACA members can access and download the Special Conditions by logging in below.

The ACA has worked with Larcos Law to update these Special Conditions for use by ACA members with the ABIC BW 2018 C Commercial Basic Works Contract for residential building work in New South Wales.

When properly completed and incorporated into the ABIC BW 2018 C contract, the Special Conditions:

• address the principal requirements of the Home Building Act 1989 (NSW) and related legislation applying to residential building contracts;
• replace the ABIC stage payment structure with a monthly progress claim structure;
• coordinate the ABIC payment certification provisions with the Building and Construction Industry Security of Payment Act 1999 (NSW); and
• are not intended otherwise to alter the general risk allocation or operation of the ABIC BW 2018 C contract.

The Special Conditions do not replace the ABIC BW 2018 C contract.  A current copy of that contract must be obtained separately.

Notes

These Special Conditions are intended for use with the ABIC BW 2018 C Commercial Basic Works Contract where:

• the work is residential building work carried out in New South Wales; and
• the contract price exceeds $20,000.

They must not be used with another form of contract or for work outside New South Wales.

The cooling-off notice and clauses A4.6 and A4.7 of the Special Conditions assume that the owner has the statutory cooling-off right ordinarily applying to a residential building contract exceeding $20,000.

That statutory cooling-off right does not apply where:

• the owner and the contractor each hold a contractor licence authorising them to contract for the work;
• the owner is a developer in relation to the work;
• the entire contract is supplied and fully prepared by or on behalf of the owner, without the contractor or its representative supplying or preparing any part of it (Note: This exception will generally not apply where the contractor completes or proposes any contractual particulars or terms, as occurs under the usual ABIC tender process); or
• the work must be carried out promptly to avoid a likely hazard to health or safety or damage to property, and could not be carried out promptly if the statutory contracting requirements were first complied with.

If any of these circumstances applies, the cooling-off notice and clauses A4.6 and A4.7 should not be used without appropriate amendment.

Important

Legislation and approved guides may change.  Always use the current versions available from the NSW Government and do not rely on copies retained from an earlier project.

These Special Conditions address general statutory requirements only. They do not replace legal advice about the particular project, the parties or any additional amendments that may be required.

The Special Conditions for ABIC BW 2018 C is available to all ACA members – log in to download below. If you aren’t a member, find out more about the benefits of ACA membership here.

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