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 compliant WA residential building work.
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.
$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 Contracts Act 1991 (WA).
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
These Special Conditions are drafted for use in Western Australia and are framed around the Home Building Contracts Act 1991 (WA). 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 is a deliberately tight set of amendments, because the Western Australian compliance problem is narrower than the New South Wales one. It does three things: it records the parties’ acknowledgement of how the Home Building Contracts Act 1991 (WA) applies to a cost-plus contract, it inserts a home indemnity insurance regime, and it adds the definitions those provisions depend on.
The home indemnity insurance clause is the operative protection for the owner. It requires the contractor to have the insurance in force and to give the owner and the architect written evidence of it before commencing any part of the works or demanding or receiving any payment, and it provides that the owner is not required to make any payment until both of those things have happened. 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 new clause A1.3 is inserted, recording the parties’ acknowledgement that the contract is a cost-plus contract and that the Home Building Contracts Act 1991 (WA), apart from section 14 and Part 3A, does not apply to it.
- A new clause E11, "Home indemnity insurance", is inserted after clause E10, requiring the insurance to be in force and evidenced before the contractor commences work or demands or receives payment, and withholding the owner’s payment obligation until it is.
- Definitions of "Act" and "home indemnity insurance" are added at clause S1, tying the clauses to Division 2 of Part 3A of the Act and to approved fund cover under section 25DA.
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
What WA requirements do these Special Conditions address?
They 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 ABIC CP-2014 C contract and completed correctly, the Special Conditions amend the document to satisfy the applicable requirements of the Home Building Contracts Act 1991 (WA).