New South Wales · ABIC CP-2014 C
ABIC CP-2014 C NSW - Commercial Cost Plus Residential Special Conditions
Adapt the ABIC CP-2014 C Commercial Cost Plus contract for NSW residential building work by addressing identified requirements of the Home Building Act 1989 (NSW).
The ABIC CP-2014 C Commercial Cost Plus Contract is a commercial instrument that, unamended, does not contain all of the provisions the Home Building Act 1989 (NSW) requires for a contract to do residential building work. These Special Conditions are designed to address the identified statutory gaps when used with the matching form and correctly incorporated and completed.
The approach is deliberately light-touch: it adds provisions directed to the identified requirements without rewriting the commercial bargain the parties have chosen. For builders and owners who prefer cost-plus to a fixed-price contract, it offers a practical, balanced alternative that has been drafted with the statutory framework in New South Wales in view.
Christopher Larcos, a solicitor and registered architect, drafted these Special Conditions against the Home Building Act 1989 (NSW), amending the commercial cost-plus form only to address the identified requirements.
$220.00AUD
One-off licence · watermarked PDF
Digital and paper conditions are not interchangeable, so pick the format that matches your underlying ABIC contract.
What this covers
When used with the matching contract and completed correctly, these Special Conditions are intended to address identified Home Building Act 1989 (NSW) requirements. Whether they do so depends on the completed contract, incorporation, project circumstances and applicable law.
Best suited to
- NSW residential projects procured on a cost-plus basis
- Builders who prefer ABIC CP-2014 C to a fixed-price form
- Owners wanting a cost-plus contract aligned with the Home Building Act
New South Wales context
Christopher Larcos drafted these Special Conditions for use in New South Wales, framed around the Home Building Act 1989 (NSW). They supplement the standard ABIC contract and should be read together with it.
How are these Special Conditions added to your ABIC contract?
Most of this goes in as a contract document, but two pages belong at the very front of the contract rather than at the back. There is nothing separate to sign.
What you receive
A licensed PDF adapting the commercial cost-plus contract for NSW residential work, including a notice and a checklist that belong at the front of the contract.
How it goes in
Add the conditions to the contract’s list of documents at item 3 of schedule 1, and put the notice and checklist at the front, where an owner or an inspector would expect to find them. Clause B2 is the ABIC provision that ranks the contract documents.
When it starts working
Once the contract is signed with the whole set in place. Whether the requirements are met still depends on how the contract is filled in and on the project itself.
Choose the edition matching your contract
Digital ABIC contract
Typeset against the digital ABIC cost-plus contract and its defined-term notation.
Paper ABIC contract
Typeset against the paper ABIC cost-plus contract, marking defined terms with the asterisk convention used in that edition.
The two editions are not interchangeable. These Special Conditions supplement the ABIC contract rather than replacing it, and you obtain that contract from the publisher, Australian Building Industry Contracts.
This describes how the document is designed to be incorporated. It is general information about the product, not legal advice on your project, and not a representation about how any particular contract will operate.
Have it reviewed with your contractImportant information
- All documents are provided as watermarked PDFs under licence
- The licence permits use for project documentation in accordance with the licence terms
- These Special Conditions are intended to supplement standard ABIC contracts and should be read in conjunction with them
Common questions
Why does the ABIC CP-2014 C contract need Special Conditions for NSW residential work?
In its unamended form the commercial ABIC CP-2014 C contract does not contain all the provisions the Home Building Act 1989 (NSW) requires for residential building work. These Special Conditions include provisions intended to address those identified requirements.
How extensive are the changes?
The amendments are limited to provisions intended to address the identified NSW statutory requirements while preserving the commercial cost-plus structure.
Does compliance depend on how the contract is completed?
Yes. When used with the matching contract and completed correctly, these Special Conditions are intended to address identified Home Building Act 1989 (NSW) requirements. Whether they do so depends on the completed contract, incorporation, project circumstances and applicable law.
Where does each part of the set go in the contract?
The conditions go into the contract’s list of documents at item 3 of schedule 1. The notice and the checklist go at the front of the contract, where an owner or an inspector would expect to find them rather than buried at the back.