Western Australia · ABIC CP-2014 C

ABIC CP-2014 C WA - Commercial Cost Plus Residential Special Conditions

Adapt the ABIC CP-2014 C Commercial Cost Plus contract for WA residential building work by addressing the section 14 acknowledgment and Part 3A insurance requirements of the Home Building Contracts Act 1991 (WA).

In Western Australia the ABIC CP-2014 C Commercial Cost Plus Contract, unamended, does not include the acknowledgment required by section 14 of the Home Building Contracts Act 1991 (WA) for a cost-plus home building contract, nor does it expressly address the home indemnity insurance requirements in Part 3A of that Act. These Special Conditions modify the contract to the minimum extent necessary to address those requirements.

The result adapts a well-known commercial cost-plus contract for use on WA residential projects to which Part 3A applies, offering a practical and balanced alternative to the standard cost-plus forms common in the residential sector - without disturbing the underlying commercial structure the parties have chosen.

Christopher Larcos, a solicitor and registered architect, drafted these Special Conditions against section 14 and Part 3A of the Home Building Contracts Act 1991 (WA).

$220.00AUD

One-off licence · watermarked PDF

Match your ABIC contract format

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 Contracts Act 1991 (WA) requirements. Whether they do so depends on the completed contract, incorporation, project circumstances and applicable law.

Best suited to

  • WA residential projects procured on a cost-plus basis
  • Builders working with ABIC CP-2014 C under Part 3A
  • Owners wanting cost-plus aligned with the Home Building Contracts Act

Western Australia context

Christopher Larcos drafted these Special Conditions for use in Western Australia, framed around the Home Building Contracts Act 1991 (WA). They supplement the standard ABIC contract and should be read together with it.

How are these Special Conditions added to your ABIC contract?

This is a short set, because Western Australia asks for less than New South Wales. There is nothing separate to sign.

  1. What you receive

    A licensed PDF recording what the parties agree about how the WA Act applies to a cost-plus contract, plus the home indemnity insurance clauses.

  2. How it goes in

    Add it to the contract’s list of documents at item 3 of schedule 1, alongside the drawings and specifications. Clause B2 is the ABIC provision that ranks the contract documents, and these Special Conditions are drafted to take effect through it.

  3. When it starts working

    Once the contract is signed with the Special Conditions listed. The insurance clause requires the builder to hold home indemnity cover and to give the owner and the architect written evidence of it before starting work or seeking payment.

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 contract

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

What WA requirements do these Special Conditions address?

These Special Conditions address the section 14 acknowledgment required for a cost-plus home building contract, and the home indemnity insurance requirements in Part 3A of the Home Building Contracts Act 1991 (WA).

How much of the contract is changed?

Only to the minimum extent necessary to address the WA requirements, so the commercial cost-plus structure of the ABIC CP-2014 C contract is preserved.

When does the compliance take effect?

When used with the matching contract and completed correctly, these Special Conditions are intended to address identified Home Building Contracts Act 1991 (WA) requirements. Whether they do so depends on the completed contract, incorporation, project circumstances and applicable law.

When does the home indemnity insurance obligation start?

The insurance clause requires the builder to hold home indemnity cover and to give the owner and the architect written evidence of it before starting work or seeking payment, and it provides that the owner is not required to pay until that has happened. How it applies depends on the completed contract and the circumstances of the project.