BUILDING CONTRACTS FOR RESIDENTIAL BUILDING IN NEW ZEALAND
Building contracts are essential when building a new house. When undertaking alterations or renovations to an existing house, or installing a new roof, deck, kitchen, bathroom etc building contracts are equally important and written contracts must be used where the value of building work exceeds $30,000.00 (including GST).
The BuildRight Conditions of Contract provide for use of the BuildSafe Security of Payment Scheme service. By using BuildSafe, and for as little as $100.00, home owners are assured that their money is being kept safe until the work is completed and contractors know they will get paid on time for work properly completed.
Users of the BuildSafe service are also provided with access to a suite of additional documents for use in relation to the Contract. These include templates for: Payment Claims, Payment Schedules, Site Instructions/Variations, Notice and Certificate of Practical Completion, Notice of Defects, Notice and Certificate of Completion, Notice of Dispute, Notice of Adjudication, and Notice of Request for Adjudication.
There are three sets of BuildRight Conditions of Contract available to you for residential building projects:
BCC:2016 General Conditions of Contract. These may be used for any residential construction contract, or small commercial projects without "an engineer to the contract".
BCS:2016 Subcontract Conditions of Contract. These may be used for any residential construction contract between a head contractor and a sub-contractor under BCC:2016 or BSPCC:2016.
BSPCC:2016 Small Projects Conditions of Contract. These are a slightly more abridged version of the General Conditions of Contract, which may be used for smaller building projects and also for "labour only" contracts.
See our Resources page for more information relating to sensible contracting.
Important! From 1 January 2015 building contractors must give consumers a Checklist and a Disclosure Statement published by the Ministry of Business, Innovation and Employment prior to signing a building contract for all residential building work valued over $30,000.00 (including GST), or where the consumer asks for the information irrespective of the value of the building work.
EXCLUSION OF LIABILITY AND INDEMNITY
You are solely responsible for selecting these documents and you download and use them at your own risk based entirely in reliance on your own judgement and not in reliance on any understandings, statements, opinions, or representations made by BuildSafe.
In downloading or using these documents the parties together and separately release and discharge, BuildSafe, its agents, and employees, from all liability of any kind (whether involving negligence, misrepresentation, breach of contract, or breach of any equitable, fiduciary, statutory or other duty, or otherwise) which may be alleged to arise in connection with, or to result from, or to in any way relate to the exercise of any of their functions, duties, or powers in relation to the preparation and provision of these Conditions of Contract, unless the act or omission is the fraudulent act of BuildSafe, its agents or its employees. Any person who has not acted fraudulently and is shown to be unaware of the fraud of any other person, will continue to be released and discharged from liability as provided herein.
The parties together and separately undertake to indemnify and keep indemnified BuildSafe, its agents, and employees, against all claims, costs, expenses, liabilities, awards, damages, and proceedings of any kind (properly sustained or incurred by them directly, or indirectly made by any third party) in relation to, or in connection with, the exercise of their functions, duties, or powers in relation to the preparation and provision of these Conditions of Contract, or otherwise, unless the act or omission is the fraudulent act of BuildSafe, its agents, or its employees. If BuildSafe, or any agent or employee of BuildSafe, has not acted fraudulently and is shown to be unaware of the fraud of any other person, that person will continue to be indemnified as provided herein.
Please contact us at firstname.lastname@example.org for more information about the BuildRight Conditions of Contract
At BuildSafe we are driven to be the most recognised and respected provider of a specialist security of payment service for the building and construction industry in New Zealand. This is because we believe that all home owners and builders who are doing building or renovation work deserve to have access to the very best information and services to protect themselves and to ensure that the building process is a positive experience.