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 compliant NSW residential building work.
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 modify it to the minimum extent necessary to achieve that compliance, so a well-understood cost-plus contract can be used on NSW residential projects.
The approach is deliberately light-touch: it adds what the legislation requires 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 respects the statutory framework in New South Wales.
$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 ABIC CP-2014 C contract and completed correctly, these Special Conditions amend the contract document to satisfy the applicable requirements of the Home Building Act 1989 (NSW).
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
These Special Conditions are drafted for use in New South Wales and are framed around the Home Building Act 1989 (NSW). They supplement the standard ABIC contract and should be read together with it.
After you purchase: how these terms are integrated
You receive the Special Conditions document for your contract, not a separate agreement. It is inserted as the contract’s Special Conditions, referenced at item 3 of schedule 1 and given effect by clause B2, the provision that fixes the order of precedence of the contract documents.
This set is broader than a payment amendment, because it is doing compliance work: it takes a commercial cost-plus form and brings it into line with the requirements that attach to residential building work in New South Wales. So alongside the clause amendments it inserts the statutory notice and the checklist at the front of the contract, and adds an entirely new Schedule 9 dealing with contracts to do with residential building work.
The front-of-document insertions matter as much as the clauses. A notice is placed before the table of contents and a checklist after it, so the compliance material appears where a reader and a regulator expect to find it rather than buried in a schedule. The whole set should be inserted together, and both parties then execute the ABIC contract with the Special Conditions included among the contract documents.
Digital and paper editions
Digital ABIC contract
Set to match the digital ABIC cost-plus contract and its defined-term notation.
Paper ABIC contract
Set to match the paper ABIC cost-plus contract, marking defined terms with the asterisk convention used in that edition.
The two editions are not interchangeable. Choose the one matching the underlying ABIC contract you hold, which you obtain from the publisher, Australian Building Industry Contracts. These Special Conditions supplement that contract; they do not replace it.
What the amendments change
- A statutory notice is inserted before the table of contents, and a checklist after it.
- Item 29 of schedule 1 is replaced, covering the particulars for clauses P4, P5 and R8.
- A new Schedule 9, "Contracts to do with residential building work", is inserted after Schedule 8.
- New clause A2.4 is added, and new clauses A3.2 to A3.4 and A4.4 to A4.7 are added to the parties’ obligations and warranties.
- Clause N14 is replaced in full.
- Clauses P3.1 and P3.2 are replaced, and clause P6 is replaced in full.
- A new clause Q20 is added after clause Q19.
- The supporting definitions are added at clause S1 in alphabetical order.
This explains how the document is structured to be incorporated into the standard ABIC contract. It is general information about the product, not legal advice on your project. If you would like the contract and these conditions reviewed together, or the amendments adapted for a different jurisdiction or contract, get in touch.
Important 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 supply what is needed.
How extensive are the changes?
The contract is modified to the minimum extent necessary to achieve compliance, preserving the commercial cost-plus bargain while adding the statutory requirements for New South Wales.
Does compliance depend on how the contract is completed?
Yes. When used with the matching ABIC CP-2014 C contract and completed correctly, the Special Conditions amend the document to satisfy the applicable requirements of the Home Building Act 1989 (NSW).