Terms and conditions
Claims for payment will be made under the terms of the Building and Construction Industry Security of Payment Act (NSW) 1999.
If the contract price is less than $20,000, a deposit of 10% of the contract price is due before the works commence. If the contract price is $20,000 or more, a 5% deposit is payable.
Progress payments may be claimed by the contractor prior to full completion of works at the rate of 90% of the value of the work completed at the date of the progress payment claim.
Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment.
If the Client defaults in payment of any invoice when due, the Client shall indemnify the Seller from and against all costs and disbursements incurred by the Seller in pursuing the debt including legal costs on a solicitor and own client basis and the Seller’s collection agency costs.
Prime Cost (PC) items are those for which the contractor is unable to give a definite price. If the actual cost to the contractor for PC items is greater than the estimate included in the total contract price the excess amount, plus a margin of 20 per cent, to cover the contractors’ overheads, supervision and profit, will be added to the contract price.
The work to be performed and the materials to be used may be varied and the contract price adjusted accordingly PROVIDED agreement to the variation is recorded in writing and signed and dated by the builder/owner/client and the contractor. Any consequent variation in the completion date must also he agreed in writing, signed and dated by both parties.
The contractor is entitled to reasonable extensions of time if the cause of delays to the work are beyond the contractor’s control. The contractor and the builder/owner/client must take all reasonable steps to minimise delays to the work. If extension of time is claimed, the contractor will notify the builder/owner/client in writing of the extra time required and the cause(s) of the delay.
The quoted contract price is valid only for the period of time stated and may be subject to adjustment in line with changes to the contractor’s costs if the builder/owner/client’s acceptance of the quote occurs after the expire of that stated period of time.
The contractor will carry out the work in a workmanlike manner complying with the requirements of relevant regulatory authorities. All materials and components supplied will be of a quality fit for the purpose intended and, unless otherwise specified, now. Unless specified otherwise, the purpose of the work is to decorate/protect the underlying surface from exposure/weathering far a period as long as can reasonably be expected of works of the nature described in this tender in circumstances such as apply at the site of the works.
The contractor will not proceed with the works if in his/her opinion the previous base work is unsuitable or unsatisfactory.
The contractor will have current insurance cover for an amount not less than $5 million for public liability to cover liabilities to third parties for death or personal injury or damage to property. The contractor will also have workers’ compensation insurance covering any employees or workers deemed to be eligible for workers’ compensation insurance cover. If requested the contractor will provide proof of currency of such insurance’s.
The builder/owner/client must remove any furniture or personal goods from the vicinity of the work to minimise the risk of damage.
The builder/owner/client must give the contractor, the contractor’s employees and sub-contractors access to the site of the work to carry out the work during all hours allowed by relevant statutory authorities. The builder/owner/client must not impede the contractor’s work.
The contractor will remove from the site all rubbish and surplus material. Demolished and surplus material will be the property of the contractor unless otherwise specified in the description of the work.
Notwithstanding the contractors right to make claims for payment under the terms of the Building and Construction Industry Security of Payment Act (NSW) 1999 and dispute resolution provisions thereof, if the builder/owner/client becomes bankrupt, goes into liquidation or denies the contractor access to the sire to carry out the work then the builder/owner/client will be considered in default and the contractor may issue a notice in writing demanding the builder/owner/client to remedy the default within 10 days. If the fault is not remedied, the contractor may give written notice that the contract is terminated.