Baxter use standard HIA contracts for our works. Specifically, the NSW Residential Building Contract for New Dwellings. The contracts are specifically tailored to your project so the intent of this page is to provide an overview of the type of contract our clients enter into and what it covers. We use standard industry contracts only from HIA.
Additionally a typical payment schedule is below for your information only. The payment schedule can vary by job so it is only a guide.
Progress payments (Schedule 2)
| Deposit Signing of contract, PPA Fee for Service No.4 payment 12th June 2019Adjusted by -$.02 to allow for rounding | 10.00% |
| Internal Drainage Landscape Tanks installed, site excavation, under-slab services, internal drainage inspection. | 10.00% |
| Floor Slab Concrete slab completed, termite protection installed. | 7.50% |
| Frame Stage Structural steel, wall frames & roof structure erected including any tie downs and bracing. | 15.00% |
| Roof Stage Windows installed, fascia & gutter, and roof sheeting. | 10.00% |
| Close up Stage Facade brick work and cladding, eaves linings & plumbing rough in completed. | 15.00% |
| Fixing Stage Electrical rough in, internal wall sheeting, doors, architraves & skirting installed | 15.00% |
| Painting Stage Wall & floor tiling installed, painting, kitchen installed, plumbing fixtures fitted off. | 12.50% |
| Practical Completion Shower screens installed, electrical fit off, appliances and when building works are complete except for minor works. | 5.00% |
| Total | 100.00% |
Example HIA contract contents
Schedule 1. Particulars of Contract
Date
Contract price
Owners
Builder
The Land
Building period
Initial Period
Encumbrances, covenants and easements
Sources of funds
Development application and complying development certificate
Liquidated damages
Interest
Builder’s margin
Guarantors
Schedule 2. Progress Payments
Schedule 3. Excluded Items (Clause 9)
Schedule 4. Description of Work
Schedule 5. Other Contract Documents
Schedule 6. Warranty Insurance
Schedule 7. Prime Cost and Provisional Sum Items (Clause 20)
Special Conditions
Signatures
Deed of guarantee and indemnity
General Conditions
Clause 1. Interpretation
Clause 2. Builder’s Obligations
Clause 3. Owner’s Obligations
Clause 4. Essential Matters
Clause 5. Planning and Building Approvals
Clause 6. Survey of the Site
Clause 7. Security Account and Ability to Pay
Clause 8. Accuracy of Contract Documents
Clause 9. Excluded Items
Clause 10. Specified Materials
Clause 11. Materials Supplied by Owner
Clause 12. Commencing the Building Works
Clause 13. Site Possession and Access
Clause 14. Hidden Site Conditions
Clause 15. Other Costs
Clause 16. Contract Price Adjustments
Clause 17. Progress Payments
Clause 18. Variations
Clause 19. Delays and Extensions of Time
Clause 20. Prime Cost and Provisional Sum Items
Clause 21. Practical Completion
Clause 22. Final Certificate
Clause 23. Notices
Clause 24. Defects Liability Period
Clause 25. Suspension
Clause 26. Early Possession
Clause 27. Ending the Contract – Breach
Clause 28. Ending the Contract – Insolvency
Clause 29. Effect of the Builder Ending the Contract
Clause 30. Effect of the Owner Ending the Contract
Clause 31. Charge on the Site
Clause 32. Liquidated Damages
Clause 33. Interest on Late Payments
Clause 34. Debt Collection Costs
Clause 35. Dispute Resolution
Clause 36. Risk
Clause 37. Indemnity
Clause 38. Insurances
Clause 39. Statutory Warranties
Clause 40. Mandatory Conditions
Clause 41. Assignment and Subcontracting
Clause 42. No Waiver
Clause 43. Severance